Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)

One of our brothers/sisters has asked this question:

What is "Mahjoob" ?
How are grand children being deprived of their grand father`s property after the death of their father, while grand father is living ? 

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Answer:

Inheritance what is mahjoob

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

Your Qeustion: What is "Mahjoob" ?
The Arabic term ‘mahjoob’ is derived from ‘hijab’, and it literally means one or a thing which is hidden; thus if a lady wears a ‘hijaab’, her hair is ‘mahjoob’ because of the veil.

The term ‘mahjoob’ is used in the Shariah inheritance context when one who survives stops the inheritance of another. For example, if a son dies, the father of the son will inherit from the wealth of his son, but the grand-father will be a ‘mahjoob’ and will inherit nothing from the wealth of his grand-son.

Similarly, if one is survived by a son/s, the brothers and the sisters of the deceased will be ‘mahjoob’ and inherit nothing from the deceased of their brother.

Your Question: How are grand children being deprived of their grand father`s property after the death of their father, while grand father is living? 

Allah Says in the Holy Quran Chapter 4 Surah Nisaa verses 11-14:

11 Allah (thus) directs you as regards your children's (inheritance): to the male a portion equal to that of two females: if only daughters two or more their share is two-thirds of the inheritance; if only one her share is a half. For parents a sixth share of the inheritance to each if the deceased left children; if no children and the parents are the (only) heirs the mother has a third; if the deceased left brothers (or sisters) the mother has a sixth. (The distribution in all cases is) after the payment of legacies and debts. Ye know not whether your parents or your children are nearest to you in benefit. These are settled portions ordained by Allah and Allah is All-Knowing All-Wise.

12 In what your wives leave your share is a half if they leave no child; but if they leave a child ye get a fourth; after payment of legacies and debts. In what ye leave their share is a fourth if ye leave no child; but if ye leave a child they get an eighth; after payment of legacies and debts. If the man or woman whose inheritance is in question has left neither ascendants nor descendants but has left a brother or a sister each one of the two gets a sixth; but if more than two they share in a third; after payment of legacies and debts; so that no loss is caused (to anyone). Thus is it ordained by Allah and Allah is All-Knowing Most Forbearing.

13 Those are limits set by Allah: those who obey Allah and His Messenger will be admitted to Gardens with rivers flowing beneath to abide therein (for ever) and that will be the Supreme achievement.

14 But those who disobey Allah and His Messenger and transgress His limits will be admitted to a fire to abide therein: and they shall have a humiliating punishment.

If a man dies and is survived by his father and his son/s; then both the father and the son/s will inherit from the deceased man. The mother, father, spouse, son/s and daughter/s are the direct heirs of a deceased in Islam, and they can never be deprived of their share of inheritance in Shariah.

If ones father dies, and his survivors are the deceased’s father and the deceased’s son/s; then both the deceased’s father and the son/s will inherit the property of the person. But if a grand-father dies, and the grand-father’s son (or father of the deceased’s grand-children) died in the life-time of the grand-father, the grand-children will have no share in the inheritance of their deceased grand-father in Shariah….for the inheritance of the deceased grand-father will go to the other children (uncles and aunts of the grand-children) who survived their father.

In such a situation where one’s son/daughter dies in one’s own lifetime, and they have grand-children….the grand-father is well within his rights to make a will and bequeath upto a maximum of one-third of his property to the children of his deceased son/daughter (grand-children), if he wishes to do so.

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.

Your brother and well wisher in Islam,

Burhan