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What is faraid and how does it work in Canada?

Faraid is the system of fixed inheritance shares set out in the Qur'an.

Draft — pending review. This page has been prepared but has not yet been reviewed by a Canadian estates lawyer or a qualified scholar. Treat it as a starting point for questions, not as advice you should act on.

Faraid is the system of fixed inheritance shares set out in the Qur'an.

The Canadian position

Canada has no compulsory heirship, so faraid works here only because testamentary freedom permits it.

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

Shares are paid after funeral costs, debts and the bequest, with any residue passing to the asabah.

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

Across the madhahib

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.

Before you act on this

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.

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. Research Papers — Cambridge Muslim College
  2. Research — Cambridge Muslim College
  3. Academics — Islamic law and theology curriculum — Zaytuna College
  4. Encyclopaedia of Islam — Brill
Canadian legislation & government
  1. Administering estates — Government of Ontario
Canadian legal commentary
  1. Lost will presumption of revocation ontario — Treadstone Law
  2. Specific gifts bequests ontario will — Treadstone Law
  3. Can you challenge a will before the person dies ontario — Treadstone Law
  4. Remote participation will dispute ontario — Treadstone Law
  5. Is verbal will valid ontario — Treadstone Law
  6. Testamentary trust ontario will estate planning — Treadstone Law
  7. Wills & estates practice — Treadstone Law