There can be, but the two goals pull apart. Faraid gives a wife one eighth where there are children, while the full rollover benefit requires property to pass to the spouse.
The Canadian position
The rollover defers capital gains until the surviving spouse's death. It applies to property that actually passes to the spouse or a qualifying spousal trust.
A spousal trust must give the spouse all the income and exclude anyone else from capital during their lifetime — which conflicts with vesting children's shares now.
The Islamic position
There is no religious objection to deferring tax. The objection would be to redirecting the shares in order to achieve it.
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.
Do not let a tax structure quietly convert a one-eighth share into everything. Model both outcomes before choosing.
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
- What to do when someone has died — Canada Revenue Agency
- Income Tax Act, RSC 1985, c 1 (5th Supp) — Justice Laws Canada
- Deemed disposition private company shares death canada — Treadstone Law
- Wsib clearance certificate business sale ontario — Treadstone Law
- Disability tax credit deceased persons final return canada — Treadstone Law
- 21 year deemed disposition family trust — Treadstone Law
- Can life insurance reduce estate taxes — Treadstone Law
- Deemed disposition death canada — Treadstone Law
- Wills & estates practice — Treadstone Law