Asabah is the residuary heirs who take what remains after the fixed shares.
The Canadian position
Canadian wills use a residue clause for the same structural purpose but with entirely different beneficiaries.
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
Sons, then grandsons, then the father, then brothers and their sons, then paternal uncles.
Confirm the position for your own family and school with a qualified scholar rather than relying on a general summary.
Descendants first, then ascendants, then brothers and their sons, then paternal uncles and their sons — nearer excluding remoter, and full blood excluding half blood at the same degree. Ibn Rushd states each step of this as agreed, and Ibn Qudama says there is no disagreement about who takes in this class.
All four Sunni schools researched and sourced. Reviewed 2026-08-19. Full positions, evidence and sources — The residuary heirs (asabah) and their order.
Making an Islamic will in Canada — province by province, and what makes one valid where you live →
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.
- 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
- Residue clause ontario will explained — Treadstone Law
- No contest clause in terrorem ontario wills — Treadstone Law
- Multiple wills ontario private company shares probate avoidance — Treadstone Law
- Wills & estates practice — Treadstone Law