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What if one of my heirs is not Muslim?

Under the classical rules a non-Muslim does not inherit as a fixed heir from a Muslim. Canadian law imposes no such bar, and scholars commonly point to the discretionary one third as the way

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

Under the classical rules a non-Muslim does not inherit as a fixed heir from a Muslim. Canadian law imposes no such bar, and scholars commonly point to the discretionary one third as the way to provide for them.

The Canadian position

A Canadian will can leave anything to anyone. A non-Muslim spouse or child left out entirely may also have a dependant support claim, and in British Columbia a wills-variation claim.

The Islamic position

The four schools agree that difference of religion prevents inheritance as a fixed heir. They do not treat it as a bar to receiving a bequest out of the one third.

Across the madhahib

This is a point where the classical rule and Canadian family reality collide often. It is worth putting your specific family to a scholar rather than working from a general statement.

The mistake people make

Leaving a non-Muslim spouse nothing at all invites a claim that could unravel the whole distribution. Provide deliberately.

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
  4. Sahih al-Bukhari, Book 85: Laws of Inheritance (Faraid) — Sunnah.com
  5. Sahih Muslim, Book of Inheritance — Sunnah.com
Scholarly & institutional references
  1. Egyptian Dar al-Ifta — Dar al-Ifta al-Missriyyah
  2. Research Papers — Cambridge Muslim College
Canadian legislation & government
  1. Grewal v. Litt, 2019 BCSC 1154 — CanLII
  2. Wills, Estates and Succession Act, SBC 2009, c 13 — BC Laws
  3. Canadian Legal Information Institute — CanLII
Further reading — Treadstone Law
  1. Can i leave out a child from my will ontario — Treadstone Law
  2. What to do if you were left out of a will ontario — Treadstone Law
  3. Dependant support claim out of province estate ontario — Treadstone Law
  4. Adult child dependant support claim ontario — Treadstone Law
  5. Wills & estates practice — Treadstone Law