The shares are reduced proportionally under the doctrine of 'awl — the denominator is increased so every fixed share abates by the same proportion.
The Canadian position
Canadian law handles a shortfall through abatement, which works in a fixed order rather than proportionally: residue is exhausted first, then general legacies, then specific gifts.
The Islamic position
Certain combinations of heirs produce fractions summing to more than one. Rather than preferring some heirs over others, 'awl scales everyone down together.
The doctrine is attributed to the practice of 'Umar ibn al-Khattab and is accepted across the four Sunni schools.
Yes — every fixed-share heir is cut back by the same proportion, none is dropped. The device is called ‘awl: the denominator is raised until it equals the shares actually due, so a half becomes three-sevenths, an eighth becomes a ninth. The Kuwaiti Mawsu’a states the doctrine and then says in terms that it is the view of the four imams. The rule goes back to ‘Umar, who put the first such estate to the Companions and divided it bi’l-hisas — pro rata — with no one dissenting at the time.
All four Sunni schools researched and sourced. Reviewed 2026-09-01. Full positions, evidence and sources — When the fixed shares over-subscribe the estate, is everyone reduced?.
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
- Encyclopaedia of Islam — Brill
- Specific gifts bequests ontario will — Treadstone Law
- Rrsp vs tfsa which to use first ontario — Treadstone Law
- Wills & estates practice — Treadstone Law