Abstract: This paper presents a comparative analysis of
the inheritance rights of the paternal grandfather alongside the deceased’s
siblings under the Maliki School and other major Sunni schools of Islamic law
(fiqh). The allocation of legal shares to a paternal grandfather competing with
full or consanguine siblings remains one of the most divergent issues in
Islamic jurisprudence (fara’id), stemming from differing historical precedents
established by the Sahabah (Companions of the Prophet). Utilizing a qualitative
legal research methodology that draws from both primary textual sources (Qur’an
and Sunnah) and secondary classical jurisprudence texts, this study evaluates
the juristic frameworks governing these distributions. The findings reveal that
the majority of Sunni schools—specifically the Maliki, Shafi’i, and Hanbali
schools—follow the position attributed to Zaid ibn Thabit (R.A.), holding that
the paternal grandfather does not exclude siblings from inheritance. Instead,
he shares the estate through options structured to protect his minimum
entitlement (via Muqasamah, one-third of the total estate, or
one-third/one-sixth of the residue/estate depending on the presence of other
Qur'anic sharers). This contrasts directly with the Hanafi School, which adopts
the view of Abu Bakr (R.A.) that the grandfather occupies the precise position
of the father and thus completely excludes siblings. The study concludes that
adhering to the Maliki and majority juristic methodology promotes equitable
wealth distribution, prevents property monopolization by a single heir, and
fosters family harmony. It recommends that contemporary inheritance
distributors and judicial authorities apply the majority/Maliki framework to
ensure just socio-economic outcomes in Muslim communities.
Keywords: Inheritance, Comparative Fiqh, Maliki School, Paternal Grandfather, Siblings, Fara'id, Sunni Jurisprudence
DOI: 10.36349/atij.2026.v02i01.017
author/Shehu Zubairu (Ph.D) & Yusuf Salih Madahu (Ph.D)
journal/Al-Takamul IJ 2(1) | July 2026 |
