Does representation apply in islamic inheritance?

Question

Assalamu Alaikum wa Rahmatullahi wa Barakatuh, Mufti Sahib. I have a question regarding Islamic inheritance (Fara'id). My paternal grandfather owned 22 decimals of land. He had one son (my father) and one daughter (my paternal aunt). My paternal aunt passed away before my grandfather. Before her death, she entrusted her only daughter to my father, who raised her as his own and later arranged her marriage. After that, my grandfather passed away. At the time of my grandfather's death, my father was his only surviving child. According to the Qur'an and Sunnah and the rulings of Islamic inheritance, does my late aunt's daughter have any share in my grandfather's estate, or does the entire estate pass to my father (after the fixed shares of any other eligible heirs, if applicable)? I would appreciate your answer with evidence from the Qur'an, Sunnah, or classical fiqh if possible. Jazakum Allahu Khayran.

Mufti Tosif Qasmi · Accepted Answer

Walekumussalam warahmatullahi wabaraktuh,

According to the facts you have mentioned, if the situation is exactly as follows:

- Your grandfather had two children: one son (your father) and one daughter (your paternal aunt).

- Your paternal aunt passed away during your grandfather's lifetime.

- At the time of your grandfather's death, your paternal aunt was no longer alive, while your father was alive.

- There were no other heirs whose presence would change the distribution (such as your grandmother or your grandfather's mother).

Then, according to the Islamic law of inheritance, your late aunt's daughter does not inherit from her maternal grandfather, because inheritance is only established for those who are alive at the time of the deceased's death.

The Qur'an states:

﴿يُوصِيكُمُ اللَّهُ فِي أَوْلَادِكُمْ﴾

“Allah commands you concerning your children...”

(Surah An-Nisa 4:11)

Likewise, the Messenger of Allah ﷺ said:

««أَلْحِقُوا الْفَرَائِضَ بِأَهْلِهَا، فَمَا بَقِيَ فَلِأَوْلَى رَجُلٍ ذَكَرٍ»»

“Give the prescribed shares to those entitled to them, then whatever remains belongs to the nearest male agnatic heir.”

(Sahih al-Bukhari: 6732; Sahih Muslim: 1615)

A well-established principle of Islamic jurisprudence states:

“مَن مات قبل مورثه فلا ميراث له.”

“Whoever dies before his or her deceased relative cannot inherit from that person.”

Therefore, since your paternal aunt passed away before your grandfather, she herself did not become one of his heirs. Consequently, her daughter cannot inherit in her place, because Islamic inheritance law does not recognize the principle of representation (substitution of a deceased heir by his or her descendants).

Accordingly, if your father was your grandfather's only surviving son at the time of his death, then after the fixed Qur'anic shares of any other eligible heirs (such as the widow or mother, if they were alive) have been distributed, the remainder of the estate belongs to your father as the ʿasabah (residuary heir).

However, if your grandfather wished to benefit his granddaughter, he could have given her a gift during his lifetime or made a valid bequest (wasiyyah) within the limits prescribed by the Shariah. Likewise, the legal heirs may voluntarily give her a portion of their own shares as an act of kindness and maintaining family ties, but she has no compulsory right to inherit from her grandfather's estate.

Does representation apply in islamic inheritance?

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