Bayt al-mal is the public treasury, classical recipient of an heirless estate.
The Canadian position
Canadian estates with no traceable kin escheat to the provincial Crown instead.
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
The classical Maliki and Shafi'i position directs surplus and heirless estates there.
Confirm the position for your own family and school with a qualified scholar rather than relying on a general summary.
The Hanafi and Hanbali schools return the surplus to the fixed-share heirs in proportion to their shares. The classical Maliki and Shafi’i position sends it to the public treasury instead — but both schools treat that as conditional on there being a treasury worth the name, which in Canada there is not.
All four Sunni schools researched and sourced. Reviewed 2026-08-19. Full positions, evidence and sources — Radd — the return of a surplus to the fixed-share heirs.
Related madhhab issue: Dhawu al-arham — do distant kin inherit?.
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.
- 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
- Encyclopaedia of Islam — Brill