Hadanah is custody and physical care of a child.
The Canadian position
Canadian courts decide guardianship on best interests; a testamentary nomination is evidence, not a direction.
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
Distinguished from wilayah, which concerns the child's property.
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.
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
- Substitute Decisions Act, 1992 — Government of Ontario
- Succession Law Reform Act, RSO 1990, c S.26 — Government of Ontario
- Administering estates — Government of Ontario
- Minority never received financials before approving sale ontario — Treadstone Law
- Minority shareholder demand own valuation before selling ontario — Treadstone Law
- Naming minor as beneficiary ontario risks and alternatives — Treadstone Law
- Minority shareholder spouse equalization ontario — Treadstone Law
- Management plan guardianship of property ontario — Treadstone Law
- Court application guardian of property ontario — Treadstone Law
- Wills & estates practice — Treadstone Law