The children of the son are not entitled to inheritance with the presence of their full paternal uncles or half uncles from the father's side
All praise be to Allah Alone, and peace and blessings be upon the Last of the Prophets. To proceed:The Permanent Committee for Scholarly Research and Ifta' reviewed the question received by His Eminence the Grand Mufty from His Excellency the Prime Minister, being attached by the Fatwa request submitted by (...) from
and referred to the Committee from (Part No. 11; Page No. 309) the Secretariat General of the Council of Senior Scholars, numbered 2606 and dated 6/5/1420 A.H. The questioner asked the following question:We live in
and the Muslims here have their system of inheritance, which is said to be Islamic in nature. The system entails that when a person dies and his father is still alive, the children of the deceased do not inherit any of the property of their grandfather. As a result, the children are deprived of the property of their grandfather. The paternal uncles divide among themselves the inheritance of their father without having mercy on the children of their deceased brother. Thus, the orphans become poor, begging and living in misery and destitution without shelter. Undoubtedly, you know the plots hatched by the enemies of Islam against Muslims. Moreover, no one can get an ID card from the government of India unless he or his father has actual property or land registered in the government records. Because of the mentioned system of inheritance, the orphans lose their right to the land of their grandfather, rendering them poor without land or real property. Consequently, they lose their rights to citizenship and are placed in a political dilemma. I believe that Islam came to help human beings, saving them from humiliation in this world and the Hereafter. Also, it signifies peace and success in this life and the Hereafter. I do not think that there is an Islamic inheritance system that stands against the interest of the Muslim orphans. I think that there is a group that has interest in distorting this system, as was the case during the reign of (Part No. 11; Page No. 310) Emperor Akbar of
I hope that Your Eminence will grant me a legal opinion on this issue from the Department of Fatwas, hoping that the Muslim orphans may be relieved of their economic and political crises, and be a means of making them live in peace.
After the Committee considered the Fatwa request, it answered that
the children of a son are not entitled to inheritance if the paternal uncles of their parents or their father are alive, because they are disinherited due to their existence. The Prophet (peace be upon him) said:
Give the Fara'id (the shares of the inheritance that are prescribed in the Qur'an) to those who are entitled to receive them. Then whatever remains, should be given to the closest male relative of the deceased.
The direct paternal uncles are more entitled to inheritance than the children of the son because they are the sons of the deceased.May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.