The public treasury, classical recipient of an estate with no entitled heirs. No such institution operates in Canada.
The Canadian position
Canadian estates with no traceable kin escheat to the provincial Crown.
That is a state treasury, but it is not a bayt al-mal in the classical sense.
The Islamic position
The classical Maliki and Shafi'i position directs surplus and heirless estates to the treasury rather than applying radd.
Because no functioning bayt al-mal exists here, later scholars in both schools generally permit radd and inheritance by distant relatives instead.
Where the madhahib differ
| Issue | Hanafi | Maliki | Shafi’i | Hanbali |
|---|---|---|---|---|
| Surplus with no residuary heir | Radd to fixed heirs | Classically to the treasury | Classically to the treasury | Radd to fixed heirs |
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
- Encyclopaedia of Islam — Brill
- 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
- Administering estates — Government of Ontario
- What happens if you die without a will ontario — Treadstone Law
- Intestacy ontario no will distribution — Treadstone Law
- Minor children inheritance intestacy ontario — Treadstone Law
- Selling estate property no will intestate authority ontario — Treadstone Law
- Does spouse inherit if no will ontario — Treadstone Law
- Does intestacy affect rrsp or tfsa ontario — Treadstone Law
- Wills & estates practice — Treadstone Law