A doctrine letting a court redirect a charitable gift to a similar purpose where the original has become impossible.
The Canadian position
A doctrine letting a court redirect a charitable gift to a similar purpose where the original has become impossible.
Provincial law governs the detail, so confirm the position where the estate will be administered.
The Islamic position
The fixed shares apply to the net estate after funeral expenses, debts and any bequest capped at one third.
Where a Canadian instrument has no classical counterpart, treat it as a contemporary question for a qualified scholar.
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.
- Research Papers — Cambridge Muslim College
- Research — Cambridge Muslim College
- Academics — Islamic law and theology curriculum — Zaytuna College
- Encyclopaedia of Islam — Brill
- Canadian Legal Information Institute — CanLII
- No litigation closing condition ontario business sale — Treadstone Law
- Does no litigation condition trigger on a frivolous suit — Treadstone Law
- When to hire an estate litigation lawyer ontario — Treadstone Law
- Limited grant probate pending litigation ontario — Treadstone Law
- Civil litigation process ontario — Treadstone Law
- What is litigation privilege ontario — Treadstone Law
- Wills & estates practice — Treadstone Law