Usually. It is faster, cheaper, private, and it preserves relationships that litigation tends to destroy permanently.
The Canadian position
Mandatory in some jurisdictions. A mediated settlement is documented as a family settlement agreement and is binding once signed.
The Islamic position
Reconciliation is strongly preferred. A negotiated settlement of vested shares is takharuj, which the tradition accommodates directly.
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.
- 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
- Grewal v. Litt, 2019 BCSC 1154 — CanLII
- Wills, Estates and Succession Act, SBC 2009, c 13 — BC Laws
- Canadian Legal Information Institute — CanLII
- Reply pleading ontario civil litigation — Treadstone Law
- Loser pays principle costs risk ontario litigation — Treadstone Law
- Litigation 3 — Treadstone Law
- Costs thrown away ontario litigation — Treadstone Law
- Review hearing challenge continued cas involvement — Treadstone Law
- Parenting coordinator mid litigation or after — Treadstone Law
- Wills & estates practice — Treadstone Law