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What is dhawu al-arham and how does it work in Canada?

Dhawu al-arham is relatives who are neither fixed-share heirs nor residuaries.

This is legal information only. For advice on your own circumstances, speak to a lawyer.

Dhawu al-arham is relatives who are neither fixed-share heirs nor residuaries.

The Canadian position

Canadian intestacy has no such category and simply works outward by degree of kinship.

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 Hanafi and Hanbali schools admit them as heirs; the classical Maliki and Shafi'i position does not.

Confirm the position for your own family and school with a qualified scholar rather than relying on a general summary.

Researched — the schools differ

The Hanafi and Hanbali schools admit distant kin as heirs. The classical Maliki and Shafi'i position sent the residue to the public treasury instead — but later authorities in both schools generally permit inheritance by these relatives where no functioning treasury exists, which is the situation in Canada.

All four Sunni schools researched and sourced. Reviewed 2026-08-16. Full positions, evidence and sources — Dhawu al-arham — do distant kin inherit?.

Note

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.

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
  4. Sahih al-Bukhari, Book 85: Laws of Inheritance (Faraid) — Sunnah.com
  5. Sahih Muslim, Book of Inheritance — Sunnah.com
Scholarly & institutional references
  1. Encyclopaedia of Islam — Brill
Further reading — Treadstone Law
  1. What is preferential share ontario intestacy — Treadstone Law
  2. Preferential share spouse intestacy ontario — Treadstone Law
  3. Half relatives kindred rules ontario intestacy — Treadstone Law
  4. Wills & estates practice — Treadstone Law