Home  ›  Ilm Hub  ›  Answers  ›  What is ijazah and how does it work in Canad
Ilm Hub

What is ijazah and how does it work in Canada?

Ijazah is the heirs' consent validating a bequest that would otherwise fail.

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

Ijazah is the heirs' consent validating a bequest that would otherwise fail.

The Canadian position

Canadian law needs no such consent; the will governs on its own terms.

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

Consent given before death is generally not binding in the majority view.

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

Researched — the schools differ

Three schools say no: consent given before death counts for nothing, and the heirs may still refuse once the estate has vested, because you cannot give away what you do not yet own. The Maliki school distinguishes — consent given while the testator was in health may be withdrawn, but consent given in his final illness binds them.

All four Sunni schools researched and sourced. Reviewed 2026-08-19. Full positions, evidence and sources — When must the heirs’ consent be given?.

Related madhhab issue: The one-third cap on a bequest.

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.

Islamic primary sources
  1. Sahih al-Bukhari, Book 55: Wills and Testaments (Wasaya) — Sunnah.com
  2. Sahih Muslim, Book of Wills — Sunnah.com
  3. Surah al-Baqarah 2:180 — the bequest verse — Quran.com