It can, because the severed share then forms part of the estate and is divided by the shares rather than passing to the survivor.
The Canadian position
It can, because the severed share then forms part of the estate and is divided by the shares rather than passing to the survivor.
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.
- 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
- Discharged mortgage still on title ontario — Treadstone Law
- Liens on title ontario types and how to remove them — Treadstone Law
- How to prove entitlement to spousal support — Treadstone Law
- Title insurance home equity loan ontario — Treadstone Law
- Matrimonial home cancels date of marriage deduction example — Treadstone Law
- Title insurance vacant land ontario — Treadstone Law
- Wills & estates practice — Treadstone Law