If held in joint tenancy it passes to the survivor automatically; as tenants in common each share forms part of the estate.
The Canadian position
If held in joint tenancy it passes to the survivor automatically; as tenants in common each share forms part of the estate.
Whether an asset passes through the estate determines both the probate cost and who ultimately receives it.
The Islamic position
Often the largest asset, and the one most likely to escape the faraid distribution entirely through survivorship.
The fixed shares apply only to the net estate. Anything passing outside it is never divided by faraid.
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.
What to do about it
- Confirm how your family home is currently held or designated.
- Decide deliberately whether it should follow the shares.
- Take tax advice before changing a designation.
- Re-check whenever the will changes.
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
- Principal residence exemption — Canada Revenue Agency
- What to do when someone has died — Canada Revenue Agency
- Income Tax Act, RSC 1985, c 1 (5th Supp) — Justice Laws Canada
- Who moves out matrimonial home ontario rights — Treadstone Law
- Title insurance ontario — Treadstone Law
- Spousal support entitlement adultery ontario — Treadstone Law
- Title insurance buying out of receivership ontario — Treadstone Law
- What counts as matrimonial home ontario definition — Treadstone Law
- Title insurance zoning compliance ontario — Treadstone Law
- Wills & estates practice — Treadstone Law