Grandchildren's Inheritance Under Islamic Law in South Africa
One of the most heartbreaking scenarios in Islamic estate planning is this: a grandfather dies, leaving behind surviving children and grandchildren whose father — one of the grandfather's sons — died years earlier. Under classical Islamic inheritance law, those orphaned grandchildren receive nothing from the grandfather's estate.
This is not a flaw in Islamic law — it is a feature that requires deliberate planning to address. And most South African Muslims are not planning for it.
How Grandchildren Inherit Under Islamic Law
Under Islamic inheritance law (mīrāth), inheritance flows to the closest surviving heirs. Grandchildren can inherit from a grandparent in two situations: when no surviving sons or daughters exist, or when their parent predeceased the grandparent and no closer heir blocks them. It is the second situation that creates the most difficulty.
The Orphaned Grandchild Problem
If a grandson's father — the deceased's son — predeceased the grandfather, classical Islamic inheritance law treats that grandson as blocked from inheriting if the deceased has other surviving children.
Example: A grandfather dies leaving two surviving children (Son A and Daughter B) and three grandchildren — the children of Son C, who predeceased the grandfather. Under classical mīrāth, Son A and Daughter B inherit as asabah (residuary heirs). Son C's children — the orphaned grandchildren — inherit nothing, because their surviving uncle and aunt block them from the estate.
This can feel deeply unjust — grandchildren who already lost their father now receive nothing from their grandfather. But this is the classical legal position. Only deliberate planning can change this outcome.
How Muslim-Majority Countries Have Responded
Many Muslim-majority countries have addressed this issue through legislation — a concept called wasiyyah wajibah (obligatory bequest). Under this rule, a grandparent is deemed by law to have bequeathed up to one-third of their estate to orphaned grandchildren whose parent predeceased them. South Africa has no equivalent legislation — the distribution of a deceased Muslim's estate is governed entirely by the will and voluntary planning.
The Solution: Planning Through the Wasiyyah
The Islamic will (wasiyyah) is the primary tool for providing for orphaned grandchildren. A grandparent may voluntarily bequeath up to one-third of their net estate to non-heirs — and blocked grandchildren are not Quranic heirs, so they can receive a wasiyyah bequest without requiring the consent of other heirs.
Practical approach:
- Identify which grandchildren might be affected — any child could predecease you
- Include a contingent wasiyyah clause bequeathing to the children of any son or daughter who predeceases you, up to one-third of the net estate
- Specify clearly how the bequest should be divided among the affected grandchildren
- Review the clause when family circumstances change
This requires the Islamic will to be in place before death. A grandparent who has not written an Islamic will cannot address this after the fact — and the orphaned grandchildren will receive nothing from the estate.
Additional Tools: Takaful and Trust Structures
Family Takaful (Life Cover)
A Family Takaful policy can be written in favour of specific grandchildren. Death benefits paid directly to named beneficiaries bypass the estate and are not subject to mīrāth. This can provide for orphaned grandchildren even if they would receive nothing from the inheritance distribution — but must be structured carefully so as not to conflict with the rights of direct heirs.
Inter Vivos Trust
A grandparent can establish a trust during their lifetime and contribute assets to it for the benefit of specified grandchildren. Assets held in the trust do not form part of the estate at death — they pass to the trust beneficiaries according to the trust deed, bypassing mīrāth entirely. This is powerful but requires proper Shariah oversight and must not impair the grandparent's obligations to their direct heirs.
When Grandchildren Are the Default Heirs
Where the deceased has no surviving sons or daughters — only grandchildren — those grandchildren inherit as if in their parent's position. A surviving grandson stands in for his predeceased father. But where there are surviving children alongside orphaned grandchildren, the grandchildren are blocked — and only the wasiyyah, Takaful, or a trust can provide for them.
Do Not Leave It to Chance
Many South African Muslim grandparents assume that Islamic law will automatically provide for their grandchildren. For the orphaned grandchild problem, it will not — without a deliberate wasiyyah, the grandchildren receive nothing. This is a planning failure, not a legal one, and it is entirely preventable.
Related: Islamic Inheritance in South Africa — The Complete Guide
Related: How to Write an Islamic Will in South Africa
Protect Your Grandchildren
At MuslimFin Family Office, we help South African Muslim families identify gaps in their Islamic estate plan — including the orphaned grandchild problem — and structure wasiyyah bequests, trusts, and Takaful to close them.
Book a free consultation with Ali →
Related reading: