Where a man dies leaving a grandfather and brothers, Abu Hanifa holds the grandfather excludes them entirely, as a father would. The Maliki, Shafi'i and Hanbali schools have him share with them, taking no less than one third of the residue.
The Canadian position
The will must state which position it follows. An executor faced with 'distribute according to Islamic law' and this configuration cannot proceed without a court application.
The Islamic position
The disagreement is recorded among the Companions themselves. Abu Bakr is reported to have treated the grandfather as a father; the position attributed to Zayd ibn Thabit has him share with siblings, and the other three imams followed it.
It is the single most consequential inheritance difference between Abu Hanifa and the rest.
Where the madhahib differ
| Issue | Hanafi | Maliki | Shafi’i | Hanbali |
|---|---|---|---|---|
| Grandfather with full or paternal siblings | Excludes them entirely | Shares, with a floor of one third of the residue | Shares, with a floor of one third of the residue | Shares, with a floor of one third of the residue |
This arises in real Canadian families — a young father dies leaving his own father and his brothers. It is not a theoretical case.
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
- Sahih al-Bukhari, Book 85: Laws of Inheritance (Faraid) — Sunnah.com
- Sahih Muslim, Book of Inheritance — Sunnah.com
- Encyclopaedia of Islam — Brill
- Academics — Islamic law and theology curriculum — Zaytuna College
- Research Papers — Cambridge Muslim College
- Research — Cambridge Muslim College
- Administering estates — Government of Ontario
- Foreign will valid in ontario — Treadstone Law
- Drafting lawyers file privilege will challenge ontario — Treadstone Law
- Expert witnesses ontario civil trial rules — Treadstone Law
- What should a will include ontario — Treadstone Law
- Does marriage affect existing will ontario — Treadstone Law
- Who can apply to administer estate no will ontario — Treadstone Law
- Wills & estates practice — Treadstone Law