Their share is held. Classical law sets waiting periods before presuming death; Canadian law provides for a declaration of presumed death, generally after seven years.
The Canadian position
The estate cannot be fully distributed until the declaration is made or the person is found.
An executor who distributes a missing heir's share prematurely is personally exposed.
The Islamic position
The schools differ on the waiting period before a mafqud is presumed dead.
Practically, the Canadian declaration process governs the timing here.
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
- Research Papers — Cambridge Muslim College
- Research — Cambridge Muslim College
- Academics — Islamic law and theology curriculum — Zaytuna College
- Encyclopaedia of Islam — Brill
- Apply for probate of an estate — Government of Ontario
- Estate Administration Tax — Government of Ontario
- Estates Act, RSO 1990, c E.21 — Government of Ontario
- Canadian Legal Information Institute — CanLII
- Translating a will for ontario probate — Treadstone Law
- Probate real estate ontario land transfer estate — Treadstone Law
- Removing replacing estate trustee ontario — Treadstone Law
- Probate tax exempt assets ontario — Treadstone Law
- Beneficiary designation bypass probate ontario — Treadstone Law
- Debts and mortgages reduce estate administration tax ontario — Treadstone Law
- Wills & estates practice — Treadstone Law