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.
A third of the remainder, in all four schools. The rule is named after ‘Umar ibn al-Khattab, who decided both cases this way; the contrary view giving the mother a third of the whole is Ibn ‘Abbas’s and belongs to none of the four schools.
All four Sunni schools researched and sourced. Reviewed 2026-08-19. Full positions, evidence and sources — The two ‘Umariyyatan cases.
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
- Encyclopaedia of Islam — Brill
- Spousal trust ontario will surviving spouse — Treadstone Law
- Does common law spouse inherit without will ontario — Treadstone Law
- Preferential share spouse intestacy ontario — Treadstone Law
- Spousal trust surviving spouse remarries ontario — Treadstone Law
- Wills & estates practice — Treadstone Law