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What if my family follows different schools?

The testator's own position governs their estate. Family disagreement is resolved before drafting, not after death.

This is legal information only. For advice on your own circumstances, speak to a lawyer.

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.

Researched — the schools differ

The question, as usually asked, is not about talfiq at all. The Kuwaiti encyclopaedia closes its Talfiq entry by saying so: talfiq is combining several imams’ positions within one and the same question; taking different imams’ positions on different questions “is not talfiq — it is moving between the schools, or selecting from them”. So following one school generally and another on a single question is not the thing the classical prohibition targets. On what talfiq properly is, and on whether a layman must bind himself to one named school at all, the usulis and the jurists genuinely differ — the encyclopaedia uses that word — and not requiring the commitment is named as the Hanbali position. What every school does bar is tatabbu’ al-rukhas, hunting through the schools for whichever answer suits. On the testator’s question we found nothing. No classical text and no contemporary body we located addresses whether a man may direct that his estate be divided by a school other than his own. That is an open gap, not a permission.

All four Sunni schools researched and sourced. Reviewed 2026-09-01. Full positions, evidence and sources — May a Muslim take another school’s position on one question?.

Note

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.

Islamic primary sources
  1. Surah an-Nisa 4:11 — shares of children and parents — Quran.com
  2. Surah an-Nisa 4:12 — shares of spouses and uterine siblings — Quran.com
  3. Surah an-Nisa 4:176 — the kalalah verse — Quran.com
Scholarly & institutional references
  1. Encyclopaedia of Islam — Brill
  2. Research Papers — Cambridge Muslim College
Further reading — Treadstone Law
  1. Estate freeze family trust shares ontario — Treadstone Law
  2. Family trust shares professional corporation — Treadstone Law
  3. Business held in a family trust not direct shares — Treadstone Law
  4. Family trust holding shares still qualify for cge ontario — Treadstone Law
  5. Wills & estates practice — Treadstone Law