Under Canadian law usually all or nothing for a given gift. Under Islamic law the share vests, so passing it on is a gift rather than a refusal.
The Canadian position
Under Canadian law usually all or nothing for a given gift. Under Islamic law the share vests, so passing it on is a gift rather than a refusal.
Provincial law governs administration, so confirm the position where the estate will actually 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 mechanism 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.
This is legal information only. For advice on your own circumstances, speak to a lawyer.
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
- 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
- Updating will after sale of property ontario — Treadstone Law
- Family farm corporation succession ontario will — Treadstone Law
- Ontario multiple wills primary secondary probate savings — Treadstone Law
- Beneficiary designation conflicts with will ontario — Treadstone Law
- Charitable gifts bequests ontario will — Treadstone Law
- Forensic handwriting expert will dispute ontario — Treadstone Law
- Wills & estates practice — Treadstone Law