Nafaqah is the obligation to maintain dependants.
The Canadian position
Overlaps with dependant support claims, which allow a court to order provision from an estate.
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
Arrears owing at death are a debt of the 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.
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 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
- Succession Law Reform Act, RSO 1990, c S.26 — Government of Ontario
- Administering estates — Government of Ontario
- Executor incapacity ontario — Treadstone Law
- Earning capacity assessment cant find work — Treadstone Law
- Right to refuse capacity assessment ontario — Treadstone Law
- Dependant support claim life insurance proceeds ontario — Treadstone Law
- How do costs work in ontario civil litigation — Treadstone Law
- Requests to admit ontario civil litigation — Treadstone Law
- Wills & estates practice — Treadstone Law