Wasiyyah is the discretionary bequest of up to one third of the net estate.
The Canadian position
Canadian law imposes no cap, so the limit is one the will adopts voluntarily.
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
It is capped at one third and cannot go to a fixed heir without the other heirs' consent after death.
Confirm the position for your own family and school with a qualified scholar rather than relying on a general summary.
Where the four schools stand
Agreed. A Muslim may direct up to one third of the net estate by wasiyyah — after debts and funeral expenses are met — and no more. The four schools do not differ on the ceiling itself, and they also agree that the limit exists to protect the fixed heirs rather than to restrict generosity.
Shared evidence: Sahih al-Bukhari 2742 · Sahih Muslim 1628a.
Not covered by this finding: the treatment where there are no fixed heirs at all — not yet researched school by school. Treat that as open and ask a scholar of your school.
Researched finding from our madhhab register — issue one-third-cap, reviewed 2026-08-16.
Full evidence and history: The one-third cap on a bequest — the issue page.
Related madhhab issue: When must the heirs’ consent be given?.
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 a source below. Details change — check the original source before relying on any figure, fee or legal position. Anything under “further reading” is related material, not a source for what is stated here.
- Sahih al-Bukhari, Book 55: Wills and Testaments (Wasaya) — Sunnah.com
- Sahih Muslim, Book of Wills — Sunnah.com
- Surah al-Baqarah 2:180 — the bequest verse — Quran.com
- Is ontario will valid if signed by one witness — Treadstone Law
- Wills & estates practice — Treadstone Law