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msalim
Aug 3, 2010, 03:34 AM
Aslamalaikum, Is it true that an orphan grandchild has no share in the grandfather's property(if father dies before grandfather) in India according to shariat law?
If yes, but why in other countries like syria, egypt, lebanon, iraq etc have different law? These countries provide share to granchild not exceeding 1/3 of total share.Laws are made to give justice to every section but why this illogical law is made in Indian Shariat? Non Muslims are making fun of this law? From where it has been derieved or why it is different from country to country.Is this law challengeble anywhere or not?

GV70
Aug 3, 2010, 09:28 AM
Qur'an 4:11 Allah commands you as regards your children (inheritance),
...
The primary (or immediate) heirs classified as Level I are
The SPOUSE (Husband or a maximum of four Wives)
2. The CHILDREN (Sons and Daughters)
3. The PARENTS (Father & Mother)
4. The GRANDCHILDREN (Sons's SON or Son's DAUGHTER only)
(applicable only when the SON is already deceased only and has offspring)
The arabic word “AL-KHALALA” is used in the Quran, Chapter 4 - Al-Nisa, Verses 12 & 176, which is translated by almost all the translators of the Quran to mean “Ascendants & Descendants” thus giving rise to the interpretation that they include “Parents and Children”

Certain heirs referred to as primary heirs are always entitled to a share of the inheritance, they are never totally excluded.