Hibah is a gift made during life, taking effect immediately.
The Canadian position
Canadian law recognises inter vivos gifts, with capital gains triggered on appreciated property.
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
Not subject to the one-third cap, but a gift made in the final illness is treated as a bequest.
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.
- Sahih al-Bukhari, Book 55: Wills and Testaments (Wasaya) — Sunnah.com
- Sahih Muslim, Book of Wills — Sunnah.com
- Research Papers — Cambridge Muslim College
- Research — Cambridge Muslim College
- Academics — Islamic law and theology curriculum — Zaytuna College
- Encyclopaedia of Islam — Brill
- What to do when someone has died — Canada Revenue Agency
- Title insurance does not cover ontario — Treadstone Law
- Severing joint tenancy without notice separation ontario — Treadstone Law
- Joint ownership right of survivorship probate risks ontario — Treadstone Law
- No entitlement to spousal support equal incomes — Treadstone Law
- Common law spousal support entitlement ontario — Treadstone Law
- Owner title insurance duration ontario — Treadstone Law
- Wills & estates practice — Treadstone Law