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.
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.
- 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
- Research Papers — Cambridge Muslim College
- Research — Cambridge Muslim College
- Academics — Islamic law and theology curriculum — Zaytuna College
- Encyclopaedia of Islam — Brill
- Administering estates — Government of Ontario
- Dependant support order trustee personal liability ontario — Treadstone Law
- Ppsa priority trustee in bankruptcy vs secured lender — Treadstone Law
- Varying a trust in ontario — Treadstone Law
- Notice to beneficiaries ontario estate trustee obligations — Treadstone Law
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- Estate trustee indemnity insurance vs bond ontario — Treadstone Law
- Wills & estates practice — Treadstone Law