A statutory reform in some Muslim-majority countries requiring provision for orphaned grandchildren out of the one third. It is legislation, not a classical school position.
The Canadian position
Not needed in Canada — a will can simply provide for grandchildren directly.
Canadian testamentary freedom achieves the same result without needing a statutory override.
The Islamic position
Egypt and several other jurisdictions introduced it to address the exclusion of orphaned grandchildren.
None of the four classical schools requires it, so treat it as a modern remedy rather than a school position.
Under classical faraid, no. A surviving son of the deceased excludes his brother’s children entirely, in all four schools, on the rule that the nearer in degree shuts out the more remote. That is the classical answer, and it is the reason the case has been legislated on across the Muslim world in the twentieth century — and the reason it should be dealt with directly in a will here.
All four Sunni schools researched and sourced. Reviewed 2026-09-01. Full positions, evidence and sources — A grandchild whose parent died first.
Related madhhab issue: The one-third cap on a bequest.
This is legal information only. For advice on your own circumstances, speak to a lawyer.
Citations & sources
Every factual claim on this page traces to a source below. Details change — check the original source before relying on any figure, fee or legal position. Anything under “further reading” is related material, not a source for what is stated here.
- Surah an-Nisa 4:11 — shares of children and parents — Quran.com
- Surah an-Nisa 4:12 — shares of spouses and uterine siblings — Quran.com
- Surah an-Nisa 4:176 — the kalalah verse — Quran.com
- Encyclopaedia of Islam — Brill
- Egyptian Dar al-Ifta — Dar al-Ifta al-Missriyyah
- Do grandchildren inherit directly ontario intestacy — Treadstone Law
- Majority sell company without telling minority in advance ontario — Treadstone Law
- Wills & estates practice — Treadstone Law