The asabah — those who take whatever remains after the fixed shares are paid. Sons, then grandsons, then the father, then brothers, then paternal uncles.
The Canadian position
Canadian wills use a residue clause for the same structural purpose, though the people entitled differ entirely.
A will without a residue clause creates a partial intestacy over whatever is left undisposed.
The Islamic position
The asabah line runs through male agnatic relatives, with daughters and sisters taking alongside their brothers at half a share.
Where no residuary heir exists, the question becomes whether radd applies — and the schools differ there.
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
- Administering estates — Government of Ontario
- Passport validity requirements entering canada — Treadstone Law
- Does common law spouse inherit without will ontario — Treadstone Law
- Can common law partner inherit without a will ontario — Treadstone Law
- Revoke personal care poa ontario — Treadstone Law
- Trust or just a will ontario — Treadstone Law
- Naming step parent guardian in will ontario — Treadstone Law
- Wills & estates practice — Treadstone Law