An agreement among heirs to settle their vested shares differently — one taking the house and compensating the others, for example.
The Canadian position
Canadian estates use family settlement agreements for exactly this, often to avoid selling a family home.
There can be tax consequences to the transfers, so take advice before signing.
The Islamic position
The shares must be established first. Takharuj settles vested rights; it does not replace the calculation.
All parties must be adult, competent and freely agreeing. A minor's share generally cannot be settled away.
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
- Egyptian Dar al-Ifta — Dar al-Ifta al-Missriyyah
- 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
- What is a certificate of pending litigation ontario — Treadstone Law
- Certificate of pending litigation ontario — Treadstone Law
- Challenging estate trustee appointment ontario — Treadstone Law
- What documents must be produced ontario litigation — Treadstone Law
- Litigation guardian incapable party will dispute ontario — Treadstone Law
- Discontinuing a will challenge ontario — Treadstone Law
- Wills & estates practice — Treadstone Law