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What is radd and how does it work in Canada?

Radd is the return of surplus to fixed-share heirs where no residuary heir exists.

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

Radd is the return of surplus to fixed-share heirs where no residuary heir exists.

The Canadian position

No bayt al-mal operates in Canada, which is why later scholars in both schools generally permit radd here.

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 Hanafi and Hanbali schools apply it; the classical Maliki and Shafi'i position sends the surplus to the treasury.

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

Researched — the schools differ

The Hanafi and Hanbali schools return the surplus to the fixed-share heirs in proportion to their shares. The classical Maliki and Shafi’i position sends it to the public treasury instead — but both schools treat that as conditional on there being a treasury worth the name, which in Canada there is not.

All four Sunni schools researched and sourced. Reviewed 2026-08-19. Full positions, evidence and sources — Radd — the return of a surplus to the fixed-share heirs.

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. Surah an-Nisa 4:11 — shares of children and parents — Quran.com
  2. Surah an-Nisa 4:12 — shares of spouses and uterine siblings — Quran.com
  3. Surah an-Nisa 4:176 — the kalalah verse — Quran.com
  4. Sahih al-Bukhari, Book 85: Laws of Inheritance (Faraid) — Sunnah.com
  5. Sahih Muslim, Book of Inheritance — Sunnah.com
Scholarly & institutional references
  1. Encyclopaedia of Islam — Brill