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.
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.
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 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
- Sahih al-Bukhari, Book 85: Laws of Inheritance (Faraid) — Sunnah.com
- Sahih Muslim, Book of Inheritance — Sunnah.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
- Intestacy spouse multiple children ontario — Treadstone Law
- Can common law partner inherit without a will ontario — Treadstone Law
- Common law partner intestacy ontario — Treadstone Law
- Separated spouse intestacy rights ontario — Treadstone Law
- Do grandchildren inherit directly ontario intestacy — Treadstone Law
- How long does estate administration take no will ontario — Treadstone Law
- Wills & estates practice — Treadstone Law