Jamiatul Ulama KZN

Estate Share of a Predeceased Child & Per Stirpes Clause (1/2)

· 15 Shawwal 1445 AH1 min readEnglish

Question

I have a question about Islamic inheritance law. Specifically, I would like clarification on the rights of a son who predeceased his mother. In such a case, does he lose his rights to his mother’s estate, or should his share be given to his surviving heirs?

Answer

A predeceased relative does not qualify as an heir.

In the case of a son predeceasing the mother, the mother is an heir in her son’s estate and it is therefore not possible for the son to be her heir as well. The same rule applies to all relatives. (Hindiyyah 6: 447)

In some wills, provision is made for the offspring of the predeceased children. Such a provision falls under Wasiyyah (bequests) and is valid for up to one-third of the estate. Only in this case would the offspring of the predeceased children benefit from the estate.

And Allah Ta’ala Knows Best

Answered by
Per Stirpes Clause
View original Compare with other Darul Iftas
Questions about this ruling, answered only from the archive with sources.

Where scholars differ, it’s safer to take the more cautious view.

Fatawa SA is an independent, read-only index of fatawa already published by Jamiatul Ulama KZN. It is not a fatwa service. For your own situation, please ask a Mufti. Report an issue

For corrections or mistakes, please email us at fatawasa786@gmail.com.

Source: Jamiatul Ulama KZN — https://jamiat.org.za/estate-share-of-a-predeceased-child-per-stirpes-clause/
Fatawa SA: https://fatawa.co.za/fatwa/jamiat-37022-1

People also ask

Do grandchildren inherit if their parent died first?

“Your brother’s or sister’s grandsons are your Mahrams. However, your husband’s nephew is not considered to be your Mahram. Therefore, it would be permissible for you to travel for Umrah with your sister’s grandson as your…”

Jamiat KZN · 44 fatawa from 6 Darul Iftas on this

What the Darul Iftas say

Related fatawa