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 In the grandson's legacy, no part of the grandson and grandson's inheritance is explicitly stated in the Quran, but in the words of أولاد (दulād) and آبا (ābā), both lugat (dictionary) and alias (used)  Dada and grandson also join, so it has always been common agreement of the fuqaha (theologians) that if there is no direct children and direct parents, the part is fixed for them.  ,  The same will be given to indirect children and indirect parents. [1]

 However, in the case of children, a situation also arises that one or a few children die in the life of a man and one or a few children are alive after his death.  Fukha's Ijtehad [2] is that the children who died in this case, their children will not get a share from the grandfather's inheritance, he will be deprived (Mehruom) of his uncles, except that the grandfather is his  Will in favor (Haq).  At present, some scholars (Ahle Ilm) have expressed the opinion that this ijtehad of Fukha does not seem right.  A grandson is like a son, so after the death of the son he should get the part which he would have got if his father was alive.  The same is true in our opinion.  Therefore, we will answer here the objections which have been made by our distinguished and respected scholar Maulana Syed Abul Ala Maududi Sahab in his book "Tafahimat".  Objections are as follows:

 1- According to the Quran, the person who gets a part of the inheritance, gets himself as a close relative (aqarab) of the deceased, this part does not get (in lieu of) being a substitute for a relative.  Therefore, this suggestion of parting the orphaned grandson from the grandfather's inheritance leads to a completely wrong view of the alternative to Islam's law-e-inheritance which has no evidence in the Quran.  In addition, once the option is accepted as a principle (usul), it confines it to the children of the children (mahud).  No proper argument (argument) can be offered in its favor.

 2- According to the Quran, a person's inheritance is the share of those who are alive at the time of his death, but this suggestion also makes those who have died in his life a part of the inheritance.

 3- The Quran has clearly (certain) fixed the portions of some relatives, they cannot be reduced, but the result of implementing this suggestion is the reduction of certain parts of the Quran itself and increase in some  She goes.

 The answer to the first objection is that the grandson is not being given this part because he is a substitute for his father as heir, but because he has become a grandfather in the same capacity after his father's death.  Hai, the position by which his father was Akrab.  So in this sense, he is the father's choice.  When his father was alive, he was the father of his father in relation to Aulad.  If he no longer lives in the world, then his place is grandson Akrab and on this basis he deserves inherited share.  Even in the life of the father, he was only a child for the grandfather, and even after his death, he is only a child for the grandfather.  The difference that has been made after the death of the father is that the father has an option in being the grandfather.  It is not a substitute for the meaning (meaning) in which Maulana is understanding it.  It is to replace the aqarab of the deceased (mayyat) which according to Maulana itself is the basis (foundation) of Islamic law-e-heritage.  If there is no child at the bottom of the deceased, then the sister brothers take the place of aulad in this position, that is, substitute for children, and according to the same way of Quran and get exactly the part which is present in the presence (presence) of the child.  Is fixed for  To see this case, the last verse of Sura Nisa (4) can be seen. She describes it clearly.  The reason for keeping it confined to the children is that after the death of the wife or husband, none of their heirs becomes a wife or husband in any condition (level) to give them the same place in the status of the deceased i.e. the deceased  The grandson may be the son's option on the death of the son, but no heir can be the option of the husband or wife of the deceased.

 The answer to the second objection is that the share that is being given to the grandson is not part of the father who is being given to his son as the heir, but is part of what is being given to the father  After his death, he is in his place and as his grandfather.  This has no effect on Qur'an's theory that a person's inheritance is part of the same people who are alive at the time of that person's death.  This advice to share the inheritance to the orphaned grandson is also making him the partner who is alive at the time of the person's death.

 The third objection has arisen out of the misconception that this method of inheritance among the ships will be adopted even when there are no children present.  Maulana has explained this with an example.  He writes:

 "" Suppose a person had only two boys and both died in his life.  A boy died leaving four children behind him.  The second boy died leaving only one child.  According to the Quran, the five grandchildren are equal children to the grandfather, so the inheritance of the grandfather should be given an equal share to all of them, but on the principle of the option, half of one grandson will get this property and the remaining half will be equal to four grandchildren. [  3]

 The answer to this objection is that it is not necessary.  In this case, the same method can be maintained at this time, that is, all ships should be given equal share.  For this, Rahunmai (guidance) is present inside the Quran itself.  He has given an instruction to instruct an heir to share in one way in the presence of other heirs and in another way in the absence.  Therefore, if children are present, each of the parents has a share of 1/6.  If children are not present and siblings will remain their part.  But if the heirs of the deceased are only parents, then the mother's share is one third aneducationgd father's two thirds.  This is the situation of Kalalah relatives.  If any of them is made an heir and has a brother or a sister, each of them has a share of 1/6, but if siblings are more than one, all will join a third and they will get an equal share.  Therefore, it is not necessary for both ships to emphasize on the same approach.  This is a matter of sheer ijtehad.  Whatever method is adopted in this, it should be maintained according to the principles of the Quran and on justice in any case.



 [1].  Murad from "direct parents" and "direct children" are parents and children, while "indirect parents" and "indirect children" refer to grandparents and granddaughter translator

 [2].  Ijtehad: To reach an opinion on matters not mentioned in the sources of Islam (the Quran and Sunnah), taking into account ilm (knowledge wisdom, experience and the whole din.