Practice varies by community and by scholarly opinion. Canadian cemeteries impose no restriction, so it is a religious question rather than a legal one.
The Canadian position
Practice varies by community and by scholarly opinion. Canadian cemeteries impose no restriction, so it is a religious question rather than a legal one.
Provincial law governs the detail, so confirm the position where the estate will be administered.
The Islamic position
The fixed shares apply to the net estate after funeral expenses, debts and any bequest capped at one third.
Where a Canadian instrument has no classical counterpart, treat it as a contemporary question for a qualified scholar.
The four Sunni schools are not recorded as differing materially on this point in the sources reviewed. Where your own case turns on it, put it to a scholar of your school.
General information, not legal or religious advice. Inheritance depends entirely on the exact family circumstances. Confirm the Canadian position with a lawyer in your province and any religious ruling with a qualified scholar.
Citations & sources
Every factual claim on this page traces to one of the references below. Legislation and dollar thresholds change — verify against the primary source before relying on any figure.
- Egyptian Dar al-Ifta — Dar al-Ifta al-Missriyyah
- Research Papers — Cambridge Muslim College
- Research — Cambridge Muslim College
- Academics — Islamic law and theology curriculum — Zaytuna College
- Encyclopaedia of Islam — Brill
- What to do when someone dies — Government of Ontario
- Funeral wishes in will legally binding ontario — Treadstone Law
- Estate reporting rental income after death ontario — Treadstone Law
- Securing deceased property immediately after death ontario — Treadstone Law
- Sponsoring child other parent deceased unknown canada — Treadstone Law
- Title still in deceased name selling property ontario — Treadstone Law
- Foreign tax credit deceased persons final return canada — Treadstone Law
- Wills & estates practice — Treadstone Law