Where there is no residuary heir, the surplus is returned proportionally to the fixed-share heirs under the doctrine of radd — but the schools differ on whether radd applies at all.
The Canadian position
No analogue. Canadian intestacy always allocates the entire estate, ultimately escheating to the Crown where no kin can be traced.
The Islamic position
Radd returns the surplus to the fixed-share heirs in proportion to their shares. The classical alternative directs it to the bayt al-mal, the public treasury.
Where the madhahib differ
| Issue | Hanafi | Maliki | Shafi’i | Hanbali |
|---|---|---|---|---|
| Is there radd? | Yes | Classically no — surplus to the treasury | Classically no — surplus to the treasury | Yes |
| Does a spouse share in radd? | Not in the classical view | N/A on the classical position | N/A on the classical position | Not in the classical view |
No bayt al-mal operates in Canada, and later Maliki and Shafi'i scholars generally permit radd in that situation. This is a live practical question for Canadian Muslims and worth putting to a scholar of your own school.
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 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
- Sahih al-Bukhari, Book 85: Laws of Inheritance (Faraid) — Sunnah.com
- Sahih Muslim, Book of Inheritance — Sunnah.com
- Encyclopaedia of Islam — Brill
- Egyptian Dar al-Ifta — Dar al-Ifta al-Missriyyah
- Research Papers — Cambridge Muslim College
- Research — Cambridge Muslim College
- Academics — Islamic law and theology curriculum — Zaytuna College
- Administering estates — Government of Ontario
- What should a will include ontario — Treadstone Law
- Medical exam results validity period expiry — Treadstone Law
- Improperly executed will ontario formal validity — Treadstone Law
- Freezing estate assets pending will challenge ontario — Treadstone Law
- Lost will presumption of revocation ontario — Treadstone Law
- What if will is lost ontario — Treadstone Law
- Wills & estates practice — Treadstone Law