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What is an obligatory bequest?

A statutory reform in some Muslim-majority countries requiring provision for orphaned grandchildren out of the one third. It is legislation, not a classical school position.

Draft — pending review. This page has been prepared but has not yet been reviewed by a Canadian estates lawyer or a qualified scholar. Treat it as a starting point for questions, not as advice you should act on.

A statutory reform in some Muslim-majority countries requiring provision for orphaned grandchildren out of the one third. It is legislation, not a classical school position.

The Canadian position

Not needed in Canada — a will can simply provide for grandchildren directly.

Canadian testamentary freedom achieves the same result without needing a statutory override.

The Islamic position

Egypt and several other jurisdictions introduced it to address the exclusion of orphaned grandchildren.

None of the four classical schools requires it, so treat it as a modern remedy rather than a school position.

Across the madhahib

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.

Before you act on this

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.

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. Egyptian Dar al-Ifta — Dar al-Ifta al-Missriyyah
  3. Research Papers — Cambridge Muslim College
  4. Research — Cambridge Muslim College
  5. Academics — Islamic law and theology curriculum — Zaytuna College
Canadian legislation & government
  1. Administering estates — Government of Ontario
Canadian legal commentary
  1. Can common law partner inherit without a will ontario — Treadstone Law
  2. Ontario multiple wills primary secondary probate savings — Treadstone Law
  3. Common law partner no will ontario — Treadstone Law
  4. Marriage contract and will alignment ontario — Treadstone Law
  5. Charitable donation through will tax credit — Treadstone Law
  6. Updating powers of attorney alongside will ontario — Treadstone Law
  7. Wills & estates practice — Treadstone Law