No inheritance for the son's children in the presence of their paternal or maternal uncles
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Fatwa number ( 20945 )
Praise be to Allah alone, and may peace and blessings be upon the one after whom there is no prophet. And after: The Permanent Committee for Scholarly Research and Ifta has reviewed what was sent to His Eminence the Grand Mufti from His Excellency the President of the Council of Ministers, attached to which was the inquiry submitted by (M. A. D.) from India, and referred to the Committee by
the General Secretariat of the Council of Senior Scholars with number (2606) and date 6/5/1420 AH. The inquirer asked a question, the text of which is as follows: We live in India, and there is a system of inheritance among Muslims here, which is called Islamic. It states that if a person dies while his father is alive, the deceased's children do not inherit anything from their grandfather's property. As a result, orphaned children are deprived of their grandfather's property, and the uncles divide their father's inheritance among themselves without showing mercy to their deceased brother's children. Consequently, the orphans become poor, begging and living in destitution and misery without shelter. There is no doubt that you know the conspiracies that the enemies of Islam weave against Muslims. No one can obtain an identity card from the Indian government unless he or his father has a registered property or land in the government's records. Due to the aforementioned inheritance system, the orphans lose their rights to their grandfather's land and become poor, owning neither land nor property. They thus lose their right to citizenship and fall into a political predicament. I believe that Islam came to help humanity and save it from the humiliation of this world and the Hereafter, and that it is peace and success in this world and the Hereafter. I do not believe that there is an Islamic inheritance system that stands against the interests of Muslim orphans. I believe that a group with a vested interest has distorted this system, as happened during the reign of Emperor
Akbar while he ruled India . I have a hope and request of Your Eminence; which is that I would be honored to receive a fatwa regarding the aforementioned issue from the Department of Fatwas, hoping that this may be a salvation for Muslim orphans from their economic and political crises, and a means for them to live in peace.
After the Committee's study of the inquiry, it answered that there is no inheritance for the son's children in the presence of their paternal or maternal uncles; because they are blocked by them; due to the saying of the Prophet (peace and blessings be upon him):Sahih al-Bukhari 6737 and the direct uncles are more entitled than the son's children because they are the children of the deceased. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his companions.
Praise be to Allah alone, and may peace and blessings be upon the one after whom there is no prophet. And after: The Permanent Committee for Scholarly Research and Ifta has reviewed what was sent to His Eminence the Grand Mufti from His Excellency the President of the Council of Ministers, attached to which was the inquiry submitted by (M. A. D.) from India, and referred to the Committee by
the General Secretariat of the Council of Senior Scholars with number (2606) and date 6/5/1420 AH. The inquirer asked a question, the text of which is as follows: We live in India, and there is a system of inheritance among Muslims here, which is called Islamic. It states that if a person dies while his father is alive, the deceased's children do not inherit anything from their grandfather's property. As a result, orphaned children are deprived of their grandfather's property, and the uncles divide their father's inheritance among themselves without showing mercy to their deceased brother's children. Consequently, the orphans become poor, begging and living in destitution and misery without shelter. There is no doubt that you know the conspiracies that the enemies of Islam weave against Muslims. No one can obtain an identity card from the Indian government unless he or his father has a registered property or land in the government's records. Due to the aforementioned inheritance system, the orphans lose their rights to their grandfather's land and become poor, owning neither land nor property. They thus lose their right to citizenship and fall into a political predicament. I believe that Islam came to help humanity and save it from the humiliation of this world and the Hereafter, and that it is peace and success in this world and the Hereafter. I do not believe that there is an Islamic inheritance system that stands against the interests of Muslim orphans. I believe that a group with a vested interest has distorted this system, as happened during the reign of Emperor
Akbar while he ruled India . I have a hope and request of Your Eminence; which is that I would be honored to receive a fatwa regarding the aforementioned issue from the Department of Fatwas, hoping that this may be a salvation for Muslim orphans from their economic and political crises, and a means for them to live in peace.
After the Committee's study of the inquiry, it answered that there is no inheritance for the son's children in the presence of their paternal or maternal uncles; because they are blocked by them; due to the saying of the Prophet (peace and blessings be upon him):
Give the Fara'id, (the shares prescribed in the Qur'an) to those who are entitled to receive it, and then whatever remains, should be given to the closest male relative of the deceased.
ألحقوا الفرائض بأهلها فما بقي فلأولى رجل ذكر
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.