Short answer
Not if the grandparent leaves a living son: in all four schools a son blocks the children of his dead brother. The way to provide for them is a bequest of up to one third, which grandparents are strongly urged to make. If no son survives, a son's children may inherit in their own right.
Inheritance goes to the nearest heirs: a son excludes a son's sons and daughters, and a daughter's children are distant kindred who inherit only when there are no sharers or residuaries. A bequest to non-inheriting grandchildren is valid up to one third and is strongly recommended.
The four schools agree on this.
Explanation
This is one of the most painful questions in Islamic inheritance. A father dies young and leaves children. Later the grandfather dies, the uncles inherit, and the orphaned grandchildren receive nothing. People ask: is this fair?
The rule. Islamic inheritance gives the estate to the nearest relatives in a fixed order. A surviving son is nearer than a grandson, so he comes first, just as a father comes before a grandfather. The Prophet ﷺ said: give the fixed shares to those entitled, and what remains goes to the nearest male relative. The four schools agree.
- A bequest. The grandparent may leave up to one third to the orphaned grandchildren, since they are not heirs. Scholars strongly urge this, and the Islamic will builder makes it easy.
- Gifts in life. The grandparent may give to them while healthy.
- The heirs' kindness. The Quran tells heirs that when relatives and orphans are present at the division, they should give them something and speak kindly to them.
- Support. Uncles who inherit often become the children's guardians and should provide for them.
When there is no son. If the grandparent leaves no surviving son, a son's children inherit in their own right: a son's son as a residuary, and a son's daughter with a fixed share in some cases.
Some Muslim countries have laws that give orphaned grandchildren a share by an obligatory bequest. Many traditional scholars, including Deobandi scholars, criticised treating this as inheritance. Families who want the children cared for should use a voluntary bequest and gifts. Check your case with the inheritance calculator and a mufti.
Ask a mufti about your own case. This answer explains the general ruling. When the details of your situation matter, as they do here, ask a qualified mufti and give them the full facts. Where to ask a scholar.
The evidence
Quran, Surah An-Nisaa 4:8
وَإِذَا حَضَرَ ٱلْقِسْمَةَ أُو۟لُوا۟ ٱلْقُرْبَىٰ وَٱلْيَتَٰمَىٰ وَٱلْمَسَٰكِينُ فَٱرْزُقُوهُم مِّنْهُ وَقُولُوا۟ لَهُمْ قَوْلًۭا مَّعْرُوفًۭا ﴿٨﴾
And when [other] relatives and orphans and the needy are present at the [time of] division, then provide for them [something] out of the estate and speak to them words of appropriate kindness.
Heirs are told to give something to relatives and orphans who do not inherit.
Quran, Surah Al-Baqara 2:180
كُتِبَ عَلَيْكُمْ إِذَا حَضَرَ أَحَدَكُمُ ٱلْمَوْتُ إِن تَرَكَ خَيْرًا ٱلْوَصِيَّةُ لِلْوَٰلِدَيْنِ وَٱلْأَقْرَبِينَ بِٱلْمَعْرُوفِ ۖ حَقًّا عَلَى ٱلْمُتَّقِينَ ﴿١٨٠﴾
Prescribed for you when death approaches [any] one of you if he leaves wealth [is that he should make] a bequest for the parents and near relatives according to what is acceptable - a duty upon the righteous.
Bequests to non-inheriting relatives are encouraged.
Sahih al-Bukhari 6732
Sahih... ألحقوا الفرائض بأهلها فما بقي فهو لأولى رجل ذكر ...
"Give the fixed shares to those entitled to them, and what remains goes to the nearest male relative."
The nearest relative takes priority, which is why a son blocks his nephews.
Where the ruling is recorded
- al-Sirajiyya, Chapters on the residuaries and on exclusion (hajb). A son excludes the son's children.
- al-Hidaya, Kitab al-Wasaya. Bequest to non-heirs within a third.
Checked by our team. For a more accurate answer to your own situation, consult a scholar. Quran translation by Sahih International. Hadith Arabic from the standard editions of the six books and the Muwatta, with gradings as recorded there; the English is our own rendering. Spotted a mistake? Tell us.