This question is a bit complicated, so let’s break down how Islamic inheritance handles this situation:<\/p>\n
If your grandparents have no surviving children, then their grandchildren will inherit as Islamic heirs.<\/p>\n
If your grandparents only have surviving daughter(s) (your aunt(s)), then the grandchildren from a predeceased son would inherit as Islamic heirs.<\/p>\n
If your grandparents have a surviving son (your uncle), then according to the Islamic law of inheritance, grandchildren of both predeceased sons and daughters are blocked by the surviving son.\u00a0 In other words, the grandchildren are not Islamic heirs of their grandparents.<\/p>\n
Muslim scholars addressed the situation where a grandchild of a predeceased son or daughter does not inherit from his or her grandparents.\u00a0 They solved this situation by creating the Obligatory Bequest.\u00a0 The Obligatory Bequest passes the predeceased child’s inheritance to his or her children – and this share is capped at 1\/3 of the estate.\u00a0 The grandchildren here receive inheritance as a bequest (wassiyah), not as an Islamic heir.<\/p>\n
While some Muslim scholars considered this grandchild bequest (wassiyah) to be discretionary, the majority of scholars considered it obligatory.\u00a0 For example, Ibn Hazm, Imam Ahmad, Al-Hasan Al-Basri, Sa’id Ibn Al-Musayyib, Al-Tabari, and Al-Qaradawi considered it obligatory.<\/p>\n
Most Muslim countries have codified this Obligatory Bequest into law.\u00a0 Pakistan, for example, codified it in the Muslim Family Ordinance (1961).\u00a0 Section 4 of the Muslim Family Law Ordinance (1961) provides:<\/p>\n