Home  ›  Ilm Hub  ›  Glossary  ›  Grandmother's Share
Ilm Hub

Grandmother's Share

One sixth, where no mother survives — but which grandmother matters.

This is legal information only. For advice on your own circumstances, speak to a lawyer.

One sixth, where no mother survives — but which grandmother matters.

In Islamic law

A surviving mother excludes every grandmother, on both sides, and where more than one grandmother qualifies they share the single sixth between them; both points are recorded as ijma'. The father is a different matter, and here the schools divide three against one. He never affects the mother's mother, who takes her sixth on all four schools. But on the Hanafi, Maliki and Shafi'i schools a living father excludes his own mother, so the father's mother takes nothing while he survives — where the Hanbali school keeps her sixth beside her living son. The paternal grandfather excludes neither: at this degree she is his wife, not his ascendant.

In Canadian law

No fixed entitlement — a grandparent inherits under provincial intestacy only where nearer kin do not survive.

Across the madhahib

We have not yet researched whether the four Sunni schools differ on this term, so we are not going to tell you either way. Where a specific case turns on it, ask a qualified scholar rather than relying on a general summary.

Canadian legal detail

Treadstone Law, an Ontario firm with a wills and estates practice, covers the Canadian side of this in more depth:

Note

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.

Islamic primary sources
  1. Surah an-Nisa 4:11 — shares of children and parents — Quran.com
  2. Surah an-Nisa 4:12 — shares of spouses and uterine siblings — Quran.com
  3. Surah an-Nisa 4:176 — the kalalah verse — Quran.com
  4. Sahih al-Bukhari, Book 85: Laws of Inheritance (Faraid) — Sunnah.com
Scholarly & institutional references
  1. Encyclopaedia of Islam — Brill
Further reading — Treadstone Law
  1. Conflicting wills which one governs ontario — Treadstone Law
  2. What is preferential share ontario intestacy — Treadstone Law
  3. Preferential share spouse intestacy ontario — Treadstone Law
  4. Intestacy spouse one child ontario — Treadstone Law
  5. Wills & estates practice — Treadstone Law