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.
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.
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 one of the references below. Legislation and dollar thresholds change — verify against the primary source before relying on any figure.
- Sahih al-Bukhari, Book 55: Wills and Testaments (Wasaya) — Sunnah.com
- Sahih Muslim, Book of Wills — Sunnah.com
- Research Papers — Cambridge Muslim College
- Research — Cambridge Muslim College
- Academics — Islamic law and theology curriculum — Zaytuna College
- Encyclopaedia of Islam — Brill
- T3 Trust Guide — Canada Revenue Agency
- Corporate trustee vs family member ontario — Treadstone Law
- Alter ego joint partner trust ontario estate planning — Treadstone Law
- Who can be trustee ontario estate — Treadstone Law
- Dissolving an alter ego trust ontario — Treadstone Law
- Removing a trustee of a living trust ontario — Treadstone Law
- Multiple estate trustees all must agree to sell ontario — Treadstone Law
- Wills & estates practice — Treadstone Law