Marad al-mawt is the final illness, during which gifts are treated as bequests.
The Canadian position
Canadian equivalents are suspicious circumstances, undue influence and testamentary capacity.
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
The one-third cap and the bar on gifting to heirs both apply to transfers made then.
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
- Grewal v. Litt, 2019 BCSC 1154 — CanLII
- Wills, Estates and Succession Act, SBC 2009, c 13 — BC Laws
- Canadian Legal Information Institute — CanLII
- Rdsp holder capacity guardianship adult beneficiary ontario — Treadstone Law
- What is pre litigation ontario — Treadstone Law
- Shareholder agreement breach litigation ontario — Treadstone Law
- Undue influence will challenge ontario — Treadstone Law
- Section 3 counsel capacity assessment ontario — Treadstone Law
- How do costs work in ontario civil litigation — Treadstone Law
- Wills & estates practice — Treadstone Law