Takharuj is a settlement among heirs of shares that have already vested.
The Canadian position
Canadian estates use family settlement agreements for exactly this.
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 shares must be established first; takharuj settles them rather than replacing the calculation.
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
- Canadian Legal Information Institute — CanLII
- Will challenge vs dependant support claim ontario — Treadstone Law
- Moral obligation adult children dependant support ontario — Treadstone Law
- Cra challenge price allocation years after closing ontario — Treadstone Law
- Cohabitation agreement release dependant support claim ontario — Treadstone Law
- Contesting a will ontario — Treadstone Law
- Adult child dependant support claim ontario — Treadstone Law
- Wills & estates practice — Treadstone Law