Scholars generally encourage equality in lifetime gifts to children, in contrast to the fixed inheritance ratio. Views on the details differ.
The Canadian position
Scholars generally encourage equality in lifetime gifts to children, in contrast to the fixed inheritance ratio. Views on the details differ.
Provincial law governs administration, so confirm the position where the estate will actually 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 mechanism has no classical counterpart, treat it as a contemporary question for a qualified scholar.
The schools genuinely divide. The Hanbalis hold equality is obligatory: a parent who prefers one child sins, and must either take the excess back or make the others up to the same. The Hanafis, Malikis and Shafi’is hold it is recommended but not obligatory, so an unequal gift is valid and stands — though Ibn Qudama records that nobody among the people of knowledge disputes that equality is preferred and preference is disliked. Both sides are reading the same hadith of Nu‘man ibn Bashir, in which the Prophet refused to witness a father’s gift to one son and told him “fear Allah and be just between your children”. On what equality means the line falls differently: Abu Hanifa, Malik and al-Shafi’i say a daughter is given the same as a son, while the Hanbalis (with Muhammad ibn al-Hasan among the Hanafis) say the parent should follow the inheritance ratio of two to one.
All four Sunni schools researched and sourced. Reviewed 2026-09-01. Full positions, evidence and sources — Must a parent give children equally in life?.
Related madhhab issue: When is a lifetime gift complete and beyond recall?.
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. Anything under “further reading” is related material, not a source for what is stated here.
- Sahih al-Bukhari, Book 55: Wills and Testaments (Wasaya) — Sunnah.com
- Sahih Muslim, Book of Wills — Sunnah.com
- Egyptian Dar al-Ifta — Dar al-Ifta al-Missriyyah
- How does intestacy treat common law children — Treadstone Law
- Adopted children inheritance intestacy ontario — Treadstone Law
- Minor children inheritance intestacy ontario — Treadstone Law
- Wills & estates practice — Treadstone Law