Inheritance of the Paternal Grandmother Alongside Her Son: A Comparative Study Between Islamic Jurisprudence and Personal Status Laws and Its Social Impact

Abstract

Objective: Most legal systems prevent the paternal grandmother from inheriting if her son is alive. This study aims to highlight the importance of "inheritance of the paternal grandmother alongside her son" in contemporary social care and demonstrate that this practice is not in conflict with the jurisprudence adhered to by the society, especially in an era where children’s care for their parents has diminished.

Methods: The research employs an inductive approach by gathering and comparing views and applying them to the social reality. The study describes the state of Islamic jurisprudence and personal status laws, providing a detailed analysis of them. It identifies the criteria for grandmothers' inheritance, considers consensus, resolves disagreements, discusses the evidence, and clarifies the most reliable opinion.

Findings: The study concludes that granting inheritance to the paternal grandmother helps ensure her care in old age. It confirms that the preferred opinion is that the paternal grandmother inherits alongside her son, contributing to better care for grandmothers, preventing the fragmentation of wealth, reducing estrangement, and promoting community support for the elderly, which aligns with the core objectives of both religious and legal systems in society.

Conclusion: Given the social issues faced by elderly people in nursing homes and the lack of support, the study recommends revisiting the laws and improving the quality of life for the elderly, a recommendation directed at policymakers.