Is it permissible for grandchildren to inherit from their grandfather, given that their father died before the grandfather?
Machine translationRead the Arabic original
The questioner : How are you, our Shaykh?
The Shaykh : ... .
The questioner : May you be well.
The Shaykh: How...
The questioner : May Allah reward you with good. Praise be to Allah, we are well, praise be to Allah.
The Shaykh : Praise be to Allah always.
The questioner : If you would be so kind, I have a question for you.
The Shaykh : Please go ahead.
The questioner : A son died while his father was still alive, and the deceased had children. When their grandfather died, they wanted to inherit from his estate, although it is well known that they do not inherit.
The Shaykh : Yes, exactly.
The questioner : However, the Shari'ah courts in Qalqilya, in Palestine, distinguished between two types of land: land registered in the tabu (land registry) and common miri land. They said that you do not inherit from the land registered in the tabu, but you do inherit from the unregistered common land.
The Shaykh : Yes.
The questioner : The young man, who is the son of the first deceased, wants to know the ruling of the Shari'ah. If the Shari'ah grants him a share, he will take it; otherwise, he wants nothing.
The Shaykh : May Allah bless him.
The questioner : May Allah reward you with good.
The Shaykh : This distinction is an innovation with no basis in the Shari'ah. Therefore, he does not inherit from either the tabu-registered land or the miri land.
The questioner : May Allah reward you with good.
The Shaykh : And you, and may Allah bless you.
The Shaykh : ... .
The questioner : May you be well.
The Shaykh: How...
The questioner : May Allah reward you with good. Praise be to Allah, we are well, praise be to Allah.
The Shaykh : Praise be to Allah always.
The questioner : If you would be so kind, I have a question for you.
The Shaykh : Please go ahead.
The questioner : A son died while his father was still alive, and the deceased had children. When their grandfather died, they wanted to inherit from his estate, although it is well known that they do not inherit.
The Shaykh : Yes, exactly.
The questioner : However, the Shari'ah courts in Qalqilya, in Palestine, distinguished between two types of land: land registered in the tabu (land registry) and common miri land. They said that you do not inherit from the land registered in the tabu, but you do inherit from the unregistered common land.
The Shaykh : Yes.
The questioner : The young man, who is the son of the first deceased, wants to know the ruling of the Shari'ah. If the Shari'ah grants him a share, he will take it; otherwise, he wants nothing.
The Shaykh : May Allah bless him.
The questioner : May Allah reward you with good.
The Shaykh : This distinction is an innovation with no basis in the Shari'ah. Therefore, he does not inherit from either the tabu-registered land or the miri land.
The questioner : May Allah reward you with good.
The Shaykh : And you, and may Allah bless you.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.