Munasakha is recalculating where an heir dies before distribution.
The Canadian position
Common in Canada because probate routinely takes a year or more.
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 share vests, then passes onward through that heir's own estate.
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.
- Surah an-Nisa 4:11 — shares of children and parents — Quran.com
- Surah an-Nisa 4:12 — shares of spouses and uterine siblings — Quran.com
- Surah an-Nisa 4:176 — the kalalah verse — Quran.com
- Research Papers — Cambridge Muslim College
- Research — Cambridge Muslim College
- Academics — Islamic law and theology curriculum — Zaytuna College
- Encyclopaedia of Islam — Brill
- Apply for probate of an estate — Government of Ontario
- Estate Administration Tax — Government of Ontario
- Estates Act, RSO 1990, c E.21 — Government of Ontario
- Estate administration tax assets already in trust ontario — Treadstone Law
- What assets included in ontario probate estate value — Treadstone Law
- When is probate required ontario estates — Treadstone Law
- When alter ego trust fails avoid probate ontario — Treadstone Law
- Affidavit of execution ontario probate application — Treadstone Law
- Bank release funds after probate ontario — Treadstone Law
- Wills & estates practice — Treadstone Law