The testator's own position governs their estate. Family disagreement is resolved before drafting, not after death.
The Canadian position
Canadian law simply gives effect to the will. Disagreement among heirs about the correct school has no legal traction once the shares are stated.
That is an argument for stating them precisely.
The Islamic position
Talfiq — mixing positions from different schools — can produce a distribution none of them would accept.
Pick a position, document why, and have one scholar review the whole plan.
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
- Encyclopaedia of Islam — Brill
- Research Papers — Cambridge Muslim College
- Research — Cambridge Muslim College
- Academics — Islamic law and theology curriculum — Zaytuna College
- Administering estates — Government of Ontario
- Regulator revoke licence between signing and closing ontario — Treadstone Law
- Medical exam results validity period expiry — Treadstone Law
- Third party litigation funder costs will dispute ontario — Treadstone Law
- Does ontario will cover foreign property — Treadstone Law
- Promised inheritance not in the will ontario — Treadstone Law
- Citizenship revoked after decades of holding it — Treadstone Law
- Wills & estates practice — Treadstone Law