Under faraid: Husband one half; the remainder passes to siblings or other residuary heirs.
The Canadian position
Ontario gives the spouse the entire estate.
Provincial intestacy applies only where there is no valid will. A will can direct the faraid distribution instead, and Canadian testamentary freedom makes that enforceable.
The Islamic position
Husband one half; the remainder passes to siblings or other residuary heirs.
Shares are calculated on the net estate after funeral expenses, debts including unpaid mahr, and any bequest capped at one third.
A husband takes one half where his wife left no child and one quarter where she did; a wife takes one quarter where her husband left no child and one eighth where he did. Ibn Qudama records this as the consensus of the scholars, and adds that co-widows share the one fraction between them however many there are.
All four Sunni schools researched and sourced. Reviewed 2026-08-19. Full positions, evidence and sources — What a husband and a wife inherit.
Related madhhab issue: Kalalah — who inherits when there is no parent and no child?.
Related madhhab issue: The residuary heirs (asabah) and their order.
Related madhhab issue: The order of payment out of an estate.
Making an Islamic will in Canada — province by province, and what makes one valid where you live →
What to do about it
- Have the shares calculated for your actual family by someone trained in faraid.
- Have a lawyer draft them into a provincially valid will.
- Review after any birth, death, marriage or divorce.
Configurations change as family members are born and die. Draft the will in conditional fractions rather than fixed dollar amounts so it stays correct.
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.
- 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
- Succession Law Reform Act, RSO 1990, c S.26 — Government of Ontario
- Administering estates — Government of Ontario
- Half siblings intestacy ontario — Treadstone Law
- Ontario intestacy no spouse no children — Treadstone Law
- Intestacy ontario no will distribution — Treadstone Law
- Intestacy spouse one child ontario — Treadstone Law
- Wills & estates practice — Treadstone Law