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What is hajb and how does it work in Canada?

Hajb is exclusion, where a nearer heir blocks a more distant one.

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.

Hajb is exclusion, where a nearer heir blocks a more distant one.

The Canadian position

Canadian intestacy orders by degree of kinship, but the exclusions do not correspond.

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

Total exclusion removes an heir entirely; partial exclusion reduces their share.

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. What is holograph will ontario — Treadstone Law
  2. Does marriage affect existing will ontario — Treadstone Law
  3. Discontinuing a will challenge ontario — Treadstone Law
  4. Testator capacity decline updating will ontario — Treadstone Law
  5. Promised inheritance not in the will ontario — Treadstone Law
  6. Revoking a will in ontario — Treadstone Law
  7. Wills & estates practice — Treadstone Law