Once the shares have vested, adult competent heirs may settle among themselves. That is takharuj, and it is a settlement of vested rights rather than a rewriting of the shares.
The Canadian position
Family settlement agreements are used routinely in Canadian estates, often to keep a family home intact. There can be tax consequences to the transfers.
The Islamic position
The sequence matters religiously: establish the shares first, then document the settlement. Agreeing to ignore the shares from the outset is a different thing entirely.
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.
A minor's share generally cannot be settled away. That alone can make full redistribution impossible.
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.
- Surah an-Nisa 4:11 — shares of children and parents — Quran.com
- Surah an-Nisa 4:12 — shares of spouses and uterine siblings — Quran.com
- Surah an-Nisa 4:176 — the kalalah verse — Quran.com
- 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
- Canadian Legal Information Institute — CanLII
- Separated common law partner dependant support claim ontario — Treadstone Law
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