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What are the Umariyyatan cases?

Two configurations involving a spouse, mother and father, where the mother takes one third of the residue after the spouse's share rather than one third of the whole estate.

Draft — pending review. This page has been prepared but has not yet been reviewed by a Canadian estates lawyer or a qualified scholar. Treat it as a starting point for questions, not as advice you should act on.

Two configurations involving a spouse, mother and father, where the mother takes one third of the residue after the spouse's share rather than one third of the whole estate.

The Canadian position

Common in young Canadian Muslim families — a spouse and both parents surviving is not unusual.

The will should state the shares as fractions of residue so the calculation is unambiguous.

The Islamic position

Named for 'Umar ibn al-Khattab, and accepted by all four Sunni schools.

The minority position giving the mother one third of the whole estate is attributed to Ibn 'Abbas and is not the view of any of the four.

Across the madhahib

All four Sunni schools apply the Umariyyatan rule.

Before you act on this

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.

Islamic primary sources
  1. Surah an-Nisa 4:11 — shares of children and parents — Quran.com
  2. Surah an-Nisa 4:12 — shares of spouses and uterine siblings — Quran.com
  3. Surah an-Nisa 4:176 — the kalalah verse — Quran.com
  4. Sahih al-Bukhari, Book 85: Laws of Inheritance (Faraid) — Sunnah.com
  5. Sahih Muslim, Book of Inheritance — Sunnah.com
Scholarly & institutional references
  1. Encyclopaedia of Islam — Brill
  2. Research Papers — Cambridge Muslim College
  3. Research — Cambridge Muslim College
  4. Academics — Islamic law and theology curriculum — Zaytuna College
Canadian legislation & government
  1. Administering estates — Government of Ontario
Canadian legal commentary
  1. Predatory marriage effect on existing will ontario — Treadstone Law
  2. Revoke existing passport not just block new — Treadstone Law
  3. Proof of will ontario lost will — Treadstone Law
  4. Body disposition dispute no will instructions ontario — Treadstone Law
  5. Locating will and assets after death ontario — Treadstone Law
  6. Is ontario will valid if signed by one witness — Treadstone Law
  7. Wills & estates practice — Treadstone Law