Jamiatul Ulama KZN

Does the right of the predeceased child, if any, pass on to their children?

Published as Inheritance of predeceased children

· 14 Muharram 1448 AH1 min readEnglish

Question

In the event of a deceased parent’s estate, must any predeceased children also be included in the inheritance? Does the right of the predeceased child, if any, pass on to their children?

Answer

A predeceased person does not qualify as an heir. Accordingly, a predeceased child does not inherit from their parents. The rule is the same whether those who predeceased have children or not. [Hindiyyah 6:457]

Grandchildren may or may not be heirs depending on who the other heirs are. If the grandchildren are not heirs, a wasiyyah (bequest) can and should be made in their favour. In this way, they will benefit from the estate of their grandparents. This is a recommended practice. [Al-Fiqhul Islam 10:7563]

And Allah Ta’ala Knows Best

Answered by
Mufti Muhammed Hamza Farooqui, Mufti Taahir Hansa
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Where scholars differ, it’s safer to take the more cautious view.

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Source: Jamiatul Ulama KZN — https://jamiat.org.za/inheritance-of-predeceased-children/
Fatawa SA: https://fatawa.co.za/fatwa/jamiat-39311

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