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Does it matter which madhhab I follow when drafting a will?

For most families, no — the core shares are identical across the four Sunni schools. It matters in a handful of specific configurations, and in those it can change outcomes completely.

Draft — pending review. This page has been prepared but has not yet been reviewed by a Canadian estates lawyer or a qualified scholar. Treat it as a starting point for questions, not as advice you should act on.

For most families, no — the core shares are identical across the four Sunni schools. It matters in a handful of specific configurations, and in those it can change outcomes completely.

The Canadian position

Canadian law does not recognise any madhhab. A court gives effect to whatever the will says. So the school matters for what you instruct your lawyer to write, not for enforceability.

The Islamic position

The four schools agree on the spouse's shares, the parents' shares, the 2:1 ratio between sons and daughters, and the one-third bequest cap.

They differ on the grandfather inheriting alongside siblings, on whether distant relatives inherit, on radd, and in named cases such as the Mushtaraka.

Where the madhahib differ

IssueHanafiMalikiShafi’iHanbali
Grandfather with full/paternal siblingsExcludes themShares with themShares with themShares with them
Distant kin (dhawu al-arham)InheritClassically to the treasuryClassically to the treasuryInherit
Mushtaraka: full brothers share uterine third?NoYesYesNo
The mistake people make

Do not assemble a plan from several schools at once. Mixing positions — talfiq — can produce a distribution no school would accept.

Before you act on this

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.

Islamic primary sources
  1. Surah an-Nisa 4:11 — shares of children and parents — Quran.com
  2. Surah an-Nisa 4:12 — shares of spouses and uterine siblings — Quran.com
  3. Surah an-Nisa 4:176 — the kalalah verse — Quran.com
  4. Sahih al-Bukhari, Book 85: Laws of Inheritance (Faraid) — Sunnah.com
  5. Sahih Muslim, Book of Inheritance — Sunnah.com
Scholarly & institutional references
  1. Encyclopaedia of Islam — Brill
  2. Research Papers — Cambridge Muslim College
  3. Research — Cambridge Muslim College
  4. Academics — Islamic law and theology curriculum — Zaytuna College
Canadian legislation & government
  1. Administering estates — Government of Ontario
Canadian legal commentary
  1. Lost will probate ontario — Treadstone Law
  2. Beneficiary designation vs will which controls — Treadstone Law
  3. Service validity challenge ontario — Treadstone Law
  4. Estate trustee without will ontario — Treadstone Law
  5. Dying without a will intestacy ontario — Treadstone Law
  6. What happens if you lose a will challenge ontario — Treadstone Law
  7. Wills & estates practice — Treadstone Law