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.
On the mechanics there is agreement, and the Kuwaiti Mawsu’a says so in terms: the missing heir’s share is suspended, exactly as an unborn child’s is, and each present heir is paid the LESSER of what he would take if the missing man were alive and what he would take if he were dead. Where the schools part company is on how long the wait lasts before the man may be treated as dead — the Hanbalis will act in four years where the disappearance itself suggests death, the Malikis in four years for a man lost inside Muslim territory, while the Hanafi, Shafi’i and default Hanbali positions wait until he would have outlived his whole generation — and on who is entitled to the suspended money when that day arrives.
All four Sunni schools researched and sourced. Reviewed 2026-09-01. Full positions, evidence and sources — An heir who has gone missing (al-mafqud).
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
- 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
- Missing heir intestacy ontario estate — Treadstone Law
- Executor estate accounting periods ontario — Treadstone Law
- Trustee act creditor notice missing heir ontario — Treadstone Law
- Will sets executor compensation in advance ontario — Treadstone Law
- Wills & estates practice — Treadstone Law