Inheritance for Grandchildren and Grandparents: Limitations and Exceptions

Why Do Grandchildren and Grandparents Need to Be Understood?

In the distribution of inheritance, attention is usually directed to children, husband/wife, and parents. In fact, grandchildren and grandparents also have a position regulated in Islamic inheritance law, especially the Compilation of Islamic Law (KHI). Understanding their limitations and exceptions is important so that mistakes leading to family disputes do not occur. This article discusses when grandchildren and grandparents receive inheritance, when they are excluded, as well as examples of their calculation.

Grandchildren as Substitute Heirs (Article 185 KHI)

Basically, grandchildren do not directly become heirs as long as there are living children of the deceased. The existence of a son or daughter excludes grandchildren from inheriting. However, KHI provides an exception through Article 185 concerning substitute heirs. If a child of the deceased died earlier than the deceased, then their position may be replaced by their children (the deceased's grandchildren).

The condition is that the child being replaced is not an excluded heir (for example, because they killed the deceased). The substitute grandchild must also meet the requirements as an heir, such as being Muslim. The portion received by the substitute grandchild is the portion that should have been received by their parent, then divided among the grandchildren in a 2:1 ratio between males and females.

• Replacing a son: if the deceased's son died earlier, his children (grandchildren) replace him and receive his portion.
• Replacing a daughter: likewise, if the daughter died earlier, her children replace her.
• Maximum limit: Article 185 paragraph (2) of KHI states that the portion of a substitute heir may not exceed the portion of an heir of equal degree to the one being replaced. For example, if there is another son still living, the portion of the substitute grandchild may not exceed that son's portion.

Grandfather and Grandmother: When Do They Receive Inheritance?

Grandfather and grandmother are among the heirs mentioned in Article 174 KHI. However, they only receive inheritance if there is no closer heir. In the science of faraid, the grandfather (from the father's side) is excluded by the father, and the grandmother is excluded by the mother. If the father or mother is still living, then the grandfather or grandmother does not receive a portion.

The size of the grandfather's and grandmother's portions varies depending on the situation, for example, whether or not there are children of the deceased. Because the rules are quite detailed and may differ in some cases, it is best to consult closer heirs. It should be noted that the IndoWaris engine currently does not model grandparents and distant relatives, so calculations for cases involving them need to be done manually or with the help of experts.

Limitations and Exceptions That Need to Be Known

In addition to the above rules, there are several general limitations and exceptions that apply to all heirs, including grandchildren and grandparents:

1. Difference of religion: According to Article 171 KHI, an heir must be Muslim. A non-Muslim person cannot be an heir, even if they have a blood relationship.
2. Murder and persecution: Article 173 KHI excludes a person from becoming an heir if they are convicted of killing, attempting to kill, or severely persecuting the deceased, or slandering the deceased with a criminal accusation punishable by 5 years or more.
3. Munasakhah: If an heir dies after the deceased but before the property is divided, their portion is not lost, but is passed on to their own heirs.
4. Will and debt: Before the property is divided, funeral expenses, debts, and a will of a maximum of one-third must be settled.

Calculation Example: A Grandchild Replacing a Child Who Died Earlier

Mr. Ahmad passed away leaving behind a wife, mother, and a grandson from his son who had died earlier. No other children are living. The calculation is as follows:

Total portion: 3/24 + 4/24 + 17/24 = 24/24. The grandson receives the remainder because he replaces his father who should have been the residuary heir (ashabah). Since there are no other living sons, the maximum limit of Article 185 paragraph (2) does not reduce his portion.

Practical Steps and Advice

Dealing with inheritance involving grandchildren or grandparents is indeed more complicated. The following are practical steps that can be taken:

• Collect documents: death certificate, family card, marriage certificate, and proof of blood relationship.
• Draw a family tree to see who is still living and who died earlier.
• Use IndoWaris to draw the family tree and calculate portions automatically for cases that are already supported (children, spouse, parents, substitute grandchildren).
• For cases involving grandparents or distant relatives, consult the Religious Court, a notary, or an ustadz who understands faraid.
• Prioritize family deliberation and avoid delaying the distribution that could cause problems later.

The distribution of inheritance is an act of worship and a form of justice. If in doubt, do not force your own calculation. This article is general information, not a fatwa or legal advice. May it be beneficial.