Mirath - The Laws of Islamic Inheritance

downwards). (The right to inherit only passes through male offspring.
Regarding female offspring the situation is more complicated and will
be explained in due course).
Granddaughter: The daughter of the deceased’s son (This line
continues through the male line, e.g. the son’s son’s daughter, the son’s
son’s son’s daughter, but not the son’s daughter’s daughter, etc).
Note: Non-biological children i.e. Step children, adopted children,
fostered children, and also surrogate children, will not inherit through
M|r\th, although can inherit through Wa]iyyah.
Note: The children of the daughter are not amongst those that inherit
through M|rath. They may, however, inherit through Wa]iyyah. (They
will inherit through M|r\th from their paternal grandfather, not their
maternal grandfather.)
Note: Regarding children of illegitimate or disputed parentage the
Prophet r has said, “They neither inherit nor are inherited from.” (at-
Tirmidh|) This means they will neither inherit from nor will they be
inherited from, by those to whom parentage is denied. This scenario
generally means inheriting from neither “parent” if they both claim the
child was adopted; or from only one parent if the other claims that the
child is not biologically his/her’s but was illegitimate. In any of these
disputes, if parentage is accepted then the child inherits from the
parent; but if it is not established, then the child is not an heir (but is
eligible to receive bequests).
Ancestors
Father: This refers to the deceased’s biological father. Whether he has
provided for the deceased or not will not alter his status for inheriting.
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