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 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.
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.
- 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
- Research Papers — Cambridge Muslim College
- Research — Cambridge Muslim College
- Academics — Islamic law and theology curriculum — Zaytuna College
- Administering estates — Government of Ontario
- Co ownership death no will ontario — Treadstone Law
- What is dependent support claim intestacy ontario — Treadstone Law
- Selling estate property no will intestate authority ontario — Treadstone Law
- Intestacy and ontario family property equalization — Treadstone Law
- Per stirpes distribution intestacy ontario — Treadstone Law
- Missing heir intestacy ontario estate — Treadstone Law
- Wills & estates practice — Treadstone Law