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What is amanah and how does it work in Canada?

Amanah is a trust, or something held in confidence.

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

Amanah is a trust, or something held in confidence.

The Canadian position

Corresponds to trust property, excluded from the estate.

Canadian law gives effect to whatever a valid will says, so an Islamic concept takes effect here through the drafting rather than automatically.

The Islamic position

Property held for another is not part of the estate and must be returned.

Confirm the position for your own family and school with a qualified scholar rather than relying on a general summary.

Researched — the schools differ

All four schools want the same qualities in a wasi — adulthood and legal capacity, Islam, integrity and the ability to do the job. They differ on what failing one of them does. Three schools treat them as conditions of validity, so an appointment that fails one is void. The Hanafi school treats the appointment as valid and puts the remedy in the judge’s hands.

All four Sunni schools researched and sourced. Reviewed 2026-08-19. Full positions, evidence and sources — Who may be appointed wasi (executor and guardian).

Related madhhab issue: Assets that pass outside the estate — are they part of the tarikah?.

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. Sahih al-Bukhari, Book 55: Wills and Testaments (Wasaya) — Sunnah.com
  2. Sahih Muslim, Book of Wills — Sunnah.com
Canadian legislation & government
  1. T3 Trust Guide — Canada Revenue Agency
Further reading — Treadstone Law
  1. Refinancing property held in trust ontario — Treadstone Law
  2. Deposit held in trust ontario — Treadstone Law
  3. When does poa property come into effect ontario — Treadstone Law
  4. Shares held in trust ontario corporation — Treadstone Law
  5. Wills & estates practice — Treadstone Law