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.
We have not yet researched whether the four Sunni schools differ on this specific point, so we are not going to tell you either way. If your own case turns on it, put it to a scholar of your school.
Making an Islamic will in Canada — province by province, and what makes one valid where you live →
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. Anything under “further reading” is related material, not a source for what is stated here.
- 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
- Succession Law Reform Act, RSO 1990, c S.26 — Government of Ontario
- Administering estates — Government of Ontario
- Time limit for dependant support claims ontario — Treadstone Law
- Moral obligation adult children dependant support ontario — Treadstone Law
- Dependant support award effect on estate tax ontario — Treadstone Law
- Dependant support award effect on odsp ontario — Treadstone Law
- Wills & estates practice — Treadstone Law