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What is exclusion in Islamic inheritance?

Hajb — where a nearer heir blocks a more distant one, either completely or by reducing their share.

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

Hajb — where a nearer heir blocks a more distant one, either completely or by reducing their share.

The Canadian position

Canadian intestacy has an ordering by degree of kinship, but the exclusions do not correspond.

A grandchild in Canada usually steps into a predeceased parent's place; faraid does not use representation the same way.

The Islamic position

Total exclusion: a son excludes a brother. Partial: a child reduces a wife from one quarter to one eighth.

Getting exclusion wrong is the commonest error in amateur calculations, and it changes almost every other share.

Researched — the four schools agree

Six relatives can never be excluded from an estate outright — the father, the mother, the husband, the wife, the son and the daughter — and the Kuwaiti Mawsu’a records that by ijma‘. Everyone else can be. Exclusion comes in two grades: hajb hirman, being shut out completely, and hajb nuqsan, being moved from a larger fraction to a smaller one. Three rules do most of the work: a relative who reaches the deceased through another heir is excluded while that heir lives; the nearer of the same kind excludes the more remote; and the stronger blood tie excludes the weaker.

All four Sunni schools researched and sourced. Reviewed 2026-09-01. Full positions, evidence and sources — Hajb — when does one heir shut another out?.

Related madhhab issue: What a husband and a wife 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. Missing heir intestacy ontario estate — Treadstone Law
  2. What is preferential share ontario intestacy — Treadstone Law
  3. Preferential share spouse intestacy ontario — Treadstone Law
  4. Adopted children inheritance intestacy ontario — Treadstone Law
  5. Wills & estates practice — Treadstone Law