Under faraid: Daughter one half as a fixed share, with the remainder returned to her by radd in the Hanafi and Hanbali view.
The Canadian position
Ontario gives an only child 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
Daughter one half as a fixed share, with the remainder returned to her by radd in the Hanafi and Hanbali view.
Shares are calculated on the net estate after funeral expenses, debts including unpaid mahr, and any bequest capped at one third.
We have not yet researched whether the four Sunni schools differ on this specific point, so we are not going to tell you either way. If your own case turns on it, put it to a scholar of your school.
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
- Intestacy ontario no will distribution — Treadstone Law
- Intestacy spouse one child ontario — Treadstone Law
- Half siblings intestacy ontario — Treadstone Law
- What is preferential share ontario intestacy — Treadstone Law
- Wills & estates practice — Treadstone Law