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.
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.
Leaving a non-Muslim spouse nothing at all invites a claim that could unravel the whole distribution. Provide deliberately.
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
- Sahih al-Bukhari, Book 85: Laws of Inheritance (Faraid) — Sunnah.com
- Sahih Muslim, Book of Inheritance — Sunnah.com
- 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
- Encyclopaedia of Islam — Brill
- Grewal v. Litt, 2019 BCSC 1154 — CanLII
- Wills, Estates and Succession Act, SBC 2009, c 13 — BC Laws
- Canadian Legal Information Institute — CanLII
- Will challenge vs dependant support claim ontario — Treadstone Law
- Dependant support award added to or deducted from share ontario — Treadstone Law
- Contested divorce process ontario step by step — Treadstone Law
- Burden of proof in a will challenge ontario — Treadstone Law
- Estate trustee notice obligations during challenge ontario — Treadstone Law
- Spouse registers certificate pending litigation block sale ontario — Treadstone Law
- Wills & estates practice — Treadstone Law