In Islamic law, the distribution of inheritance is not governed by the economic condition or emotional pleas of potential heirs, but by the principle of relational proximity (qarāba) to the deceased. The nearness of kinship takes precedence over economic vulnerability or the personal virtue of the claimant. Hence, even if a surviving relative is poor, in debt, or burdened by hardship, their share will not be increased on compassionate grounds, nor will the share of a wealthy heir be reduced to level the field. The law does not weigh the financial state of each heir; it strictly follows the hierarchy of lineage.

This legal framework is rooted in divine revelation and intended to ensure equity, not arbitrary charity. The closer a person’s kinship to the deceased, the stronger their claim. For instance, when a deceased has multiple sons, the estate—despite being primarily assigned to that category—must be divided among them all. Naturally, the more the number of sons, the smaller the share each one receives.

But what about the children of a son who passed away before the father (i.e., the grandchildren through a predeceased son)? This question has generated debate, particularly among reformists and modern legal critics. The concern arises most acutely in cases where the deceased has no surviving sons, but the grandchildren (especially grandsons) of a son who died earlier are still alive.

In such cases, these grandchildren—both male and female—may inherit, but only under specific circumstances. If the deceased has daughters, and they are more than one, then the female grandchildren of a predeceased son do not inherit, especially in the absence of male siblings on their level. Moreover, if the deceased has surviving sons, the grandchildren through a predeceased son are excluded from inheritance altogether. The rationale is clear: the sons of the deceased are closer in lineage than the grandchildren.

This is not an arbitrary exclusion but a principled legal approach. The same logic applies elsewhere: a living father excludes the grandfather from inheriting, even though both are paternal ascendants. The grandchild, though emotionally deserving in the eyes of many, is of a later generation, and thus more distanced in terms of Islamic legal entitlement.

Reformist thinkers often portray this rule as a shortcoming in Islamic inheritance, pointing to the emotional hardship or financial distress of these orphaned grandchildren. However, this critique stems either from a lack of understanding or a tendency to fault-find rather than appreciate the holistic system of Islamic economic justice.

Alternative Provisions in Islamic Economic Thought

 Islamic jurisprudence does not leave such situations unattended. The same tradition that establishes strict inheritance laws also offers alternative routes for providing financial care to those in need—particularly the grandchildren of a deceased son.

1. Bequest (Wasiyyah): If a person foresees that the children of a son who passed away before him may be left vulnerable, he is permitted—indeed encouraged—to allocate up to one-third of his wealth through a wasiyyah (testamentary bequest) specifically for them. This can include grandchildren, adopted children, or any other dependent individuals who are otherwise not entitled to inheritance. Importantly, this must be done while the person is alive, and it should not exceed one-third of the total estate.

2. Zakat and Voluntary Charity: Islam institutionalizes care for the economically marginalized through zakat (obligatory almsgiving) and sadaqat (voluntary charity). If grandchildren are poor, indebted, or hungry, they qualify for assistance from both these channels. The community has a religious duty to ensure their well-being.

3. Emergency Aid and Communal Responsibility: In dire situations, where urgent relief is needed—be it for food, shelter, or medical care—the scholars of Islam have declared that it becomes a communal obligation (fard kifayah) for the wealthy to intervene. Thus, even if the grandchildren are legally excluded from inheritance, they are not excluded from care and compassion.

In light of all this, the criticism that Islamic inheritance law fails to support grandchildren of a deceased son reveals an incomplete understanding of the broader Islamic economic philosophy. Far from neglecting them, the system channels their care through other mechanisms that are both morally binding and socially effective. Hence, to portray the exclusion of grandchildren from direct inheritance as unjust is not only unfounded—it overlooks the very fabric of Islamic welfare jurisprudence.