A woman dies leaving a husband, mother, uterine brothers and full brothers. The fixed shares exhaust the estate, leaving the full brothers with nothing — unless the school allows them to share.
The Canadian position
Canadian law has no analogue; the will simply has to state which position it follows.
An executor faced with this configuration and no direction cannot distribute without a court application.
The Islamic position
The Maliki and Shafi'i schools let the full brothers share the uterine third. The Hanafi and Hanbali schools leave them with nothing.
The case is reported as arising before 'Umar ibn al-Khattab, and the nickname Himariyya comes from the argument put to him.
Where the madhahib differ
| Issue | Hanafi | Maliki | Shafi’i | Hanbali |
|---|---|---|---|---|
| Full brothers share the uterine third? | No | Yes | Yes | No |
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
- Research Papers — Cambridge Muslim College
- Research — Cambridge Muslim College
- Academics — Islamic law and theology curriculum — Zaytuna College
- Administering estates — Government of Ontario
- How to update a will in ontario — Treadstone Law
- Locating will and assets after death ontario — Treadstone Law
- Reconciling with estranged child update will ontario — Treadstone Law
- Pgt involvement will validity dispute ontario — Treadstone Law
- Domestic contract vs will conflict ontario — Treadstone Law
- What happens to a will if a beneficiary dies first — Treadstone Law
- Wills & estates practice — Treadstone Law