One eighth of the estate where the deceased left children, and one quarter where he did not. Where there is more than one wife, they share that same fraction between them.
The Canadian position
Provincial intestacy is structured completely differently. In Ontario a surviving married spouse takes a preferential share of $350,000 first, then a share of the residue — which on a modest estate can be the entire thing.
A spouse in Ontario may also elect to take an equalisation of net family property instead of what the will gives, which can override the will's distribution entirely.
The Islamic position
The wife's share is fixed as a fraction of the net estate after funeral costs, debts and any valid bequest. It does not vary with the length of the marriage or with need.
Unpaid mahr is a debt of the estate, payable before the shares are calculated — so a widow may receive both her mahr as a creditor and her one eighth as an heir.
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
- Sahih al-Bukhari, Book 85: Laws of Inheritance (Faraid) — Sunnah.com
- Sahih Muslim, Book of Inheritance — Sunnah.com
- Research Papers — Cambridge Muslim College
- Research — Cambridge Muslim College
- Academics — Islamic law and theology curriculum — Zaytuna College
- Encyclopaedia of Islam — Brill
- Succession Law Reform Act, RSO 1990, c S.26 — Government of Ontario
- Administering estates — Government of Ontario
- Family Law Act, RSO 1990, c F.3 — Government of Ontario
- How does intestacy treat common law children — Treadstone Law
- Half siblings intestacy ontario — Treadstone Law
- Common law partner no will ontario — Treadstone Law
- Minor children inheritance intestacy ontario — Treadstone Law
- Stepchildren inheritance rights ontario no will — Treadstone Law
- How long does estate administration take no will ontario — Treadstone Law
- Wills & estates practice — Treadstone Law