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.
Descendants first, then ascendants, then brothers and their sons, then paternal uncles and their sons — nearer excluding remoter, and full blood excluding half blood at the same degree. Ibn Rushd states each step of this as agreed, and Ibn Qudama says there is no disagreement about who takes in this class.
All four Sunni schools researched and sourced. Reviewed 2026-08-19. Full positions, evidence and sources — The residuary heirs (asabah) and their order.
Related madhhab issue: Radd — the return of a surplus to the fixed-share heirs.
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.
- 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
- Residue clause ontario will explained — Treadstone Law
- No contest clause in terrorem ontario wills — Treadstone Law
- Dying without a will intestacy ontario — Treadstone Law
- Partial intestacy will doesnt cover everything ontario — Treadstone Law
- Wills & estates practice — Treadstone Law