The Daughter’s Descendants: Grandchildren through the Daughter

In Islamic law, the daughter of a deceased person is a clearly defined heir, entitled to a specified share of the inheritance. However, when it comes to the daughter’s children—the grandchildren through the maternal line—the rules shift significantly.

The son or daughter of one’s daughter does not qualify as a shar’i heir. That is, they do not fall within the primary circle of asḥāb al-furḍ (اصحاب الفروض) — those entitled to fixed shares — nor among the close residual heirs (‘aṣaba عصبة). Instead, they are classified among dhawī al-arḥām (ذوو الارحام) — extended relatives who may be considered for inheritance only in the complete absence of all Qur’anic heirs. Thus, while emotionally close, the maternal grandchildren stand legally distant in the framework of Islamic succession.

The Mother’s Share in Inheritance

The mother (umm أم) holds a pivotal position in the Qur’anic outline of fixed shares. Her entitlement varies depending on the presence or absence of other heirs.

Basic Entitlement:

• If the deceased has no children or grandchildren through sons, and
• If the deceased has no more than one sibling (brother or sister),

Then the mother receives one-third (1/3) of the estate.

However, when certain other heirs are present, the mother’s share is reduced. This includes:

1. If the deceased has any children or grandchildren through sons, the mother’s share is reduced to one-sixth (1/6).
2. If the deceased has two or more siblings, regardless of whether they are full siblings or half-siblings (sharing only one parent), her share also reduces to 1/6.

Examples are then discussed in detail with conversions to sixths and twenty-fourths to demonstrate how distribution takes place in real cases, considering the presence of father, son, brother, and other heirs. The section ends by affirming that in the absence of other close heirs, the mother can receive both her fixed and residual shares.

The Father’s Share in Islamic Inheritance Law

The father (ab أب) is among the core heirs explicitly mentioned in the Qur’an as having a fixed share in the estate. His entitlement varies based on whether the deceased had children and on the gender of those children.

If the deceased had a son, the father receives a fixed share of one-sixth (1/6). The rest of the estate typically passes to the son as a residual heir (‘aṣaba).

If the deceased had no children, the father becomes both a fixed-share heir and a residual heir. First, he receives one-sixth (1/6) as his Qur’anic share, and then he is entitled to the remainder of the estate as a residual heir, since no one else has a stronger claim.

If the deceased had only daughters, the daughters receive their fixed share, and the father receives 1/6 as a fixed share, and then may receive a portion of the residue as well.

When the father is alive, the siblings of the deceased do not inherit. This principle is known as ḥajb (حجب) — exclusion.

Grandmothers and Grandfathers: Secondary Ascendants in Islamic Inheritance

The Grandmother (jaddah جدة)

In Islamic law, a grandmother may become an heir if specific conditions are met. The term jaddah refers to both the maternal grandmother and the paternal grandmother. Both can be entitled to inherit, provided they do not fall into a disqualified category.

The inheritance rights of grandmothers are subject to purity of lineage and proximity. A grandmother is eligible for inheritance only if she is in a pure maternal or pure paternal line, or a mixed line that ends in the maternal side.

If a mother is alive, all grandmothers are excluded. Similarly, if a father is alive, then paternal grandmothers are excluded.

A single qualifying grandmother receives one-sixth (1/6) of the estate. If both maternal and paternal grandmothers qualify and are present, they share this one-sixth equally. If multiple grandmothers are alive in the same line, only the nearest is entitled.

The Paternal Grandfather (jadd جد)

The paternal grandfather inherits only in the absence of the father. If the father is alive, the grandfather is excluded entirely.

When the father is deceased, the paternal grandfather becomes a significant heir. His share may come as a fixed portion, a residual share, or both, depending on the situation.

If the deceased has children, he receives 1/6 as a fixed share. If there are only daughters and a portion of the estate remains, he may also receive from the residue.

When no children exist, he may receive the entire residue after fixed shares.

If the paternal grandfather and the siblings of the deceased are both present, he is entitled to whichever of the following three is most beneficial:

1. One-sixth of the estate
2. One-third of the remainder
3. An equal share with the siblings

Inheritance Rights of Uncles, Siblings, and Other Collateral Relatives

The Paternal Uncle and His Son

The father’s full brother (‘amm عم) is a residual heir but only in the absence of closer male heirs. His son (ibn al-‘amm ابن العم) inherits only if the uncle is not alive and no closer heirs exist.

The uncle’s daughter, the mother’s brother or sister, and their children are not entitled to inheritance under normal conditions.

Siblings

Full Brother (akh shāqiq أخ شقيق)

Receives as residual heir, but is excluded by father, son, grandson, or sometimes paternal grandfather.

Paternal Half-Brother (akh li’l-ab أخ للأب)

Similar to full brother but is excluded if a full brother is alive.

Full Sister (ukht shāqiqah أخت شقيقة)

Receives 1/2 if alone, or 2/3 if two or more. Becomes residual heir with daughters. Excluded by sons, father, or grandfather.

Paternal Half-Sister (ukht li’l-ab أخت للأب)

Receives 1/2 or 2/3, becomes residual heir or is excluded depending on other heirs.

Maternal Half-Siblings (akh li’l-umm / ukht li’l-umm أخ للأم / أخت للأم)

Equal shares, not 2:1. One receives 1/6, two or more receive 1/3 collectively. Excluded by sons, father, or grandfather.

The Akhdariyyah Case and Its Implications

This is a classical case involving:

• Husband (zawj زوج)
• Mother (umm أم)
• Paternal Grandfather (jadd جد)
• Sister (ukht أخت)

Their shares when calculated normally exceed the whole estate. This triggers ‘awl (عول), a correction where all shares are reduced proportionally.

In cases where a grandfather coexists with siblings, three options are considered for his share:

1. One-sixth of the whole
2. One-third of the residue
3. Treated as one of the siblings

Whichever yields the most benefit to the grandfather is applied.

Conclusion: Justice in Hierarchy

Islamic inheritance law maintains balance between fixed entitlements and residual logic, between male-female equity and familial roles. Though shares may appear unequal, they reflect broader economic obligations and moral responsibility.

Wealth is never left unassigned. Obligations are fulfilled. Relations are remembered. The Qur’anic logic is not only mathematical, but moral: a system where justice, structure, and compassion converge.