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.
RRSPs, TFSAs, joint tenancy and beneficiary designations are all newer than the four schools, so this is not a madhhab difference and we have built no four-school table for it. What the schools do agree is the test: the tarikah is what the deceased owned at the moment of death, not how the asset moved afterwards. Applying that test to Canadian instruments is a present-day question, and named bodies reach opposite results — AMJA and Qatar’s Islamweb keep an earned plan in the estate; Singapore’s MUIS treats a nomination as a completed lifetime gift. No source on either side reasons from probate.
No school ruled on this instrument; named present-day bodies differ. Reviewed 2026-09-01. Full positions, evidence and sources — Assets that pass outside the estate — are they part of the tarikah?.
Making an Islamic will in Canada — province by province, and what makes one valid where you live →
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 a source below. Details change — check the original source before relying on any figure, fee or legal position.
- 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
- Canadian Legal Information Institute — CanLII