Under faraid: They share one third equally between brothers and sisters; the remainder depends on radd.
The Canadian position
Ontario treats half-siblings the same as full siblings and divides equally.
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
They share one third equally between brothers and sisters; the remainder depends on radd.
Shares are calculated on the net estate after funeral expenses, debts including unpaid mahr, and any bequest capped at one third.
The brothers and sisters come into the estate, and the Qur’an splits them in two. 4:12 gives the uterine siblings — those who share the mother only — a sixth if there is one of them and a third to share if there are more, divided equally between brother and sister. 4:176 gives the full or consanguine siblings a half for one sister, two-thirds for two or more, and, where a brother is among them, twice the share to the male. That the first verse means the mother’s children specifically is recorded as ijma‘ by both the Kuwaiti Mawsu’a and Ibn Qudama. Siblings of every kind inherit only where no child and no father survives — that is what kalalah means.
All four Sunni schools researched and sourced. Reviewed 2026-09-01. Full positions, evidence and sources — Kalalah — who inherits when there is no parent and no child?.
Related madhhab issue: Radd — the return of a surplus to the fixed-share heirs.
Related madhhab issue: The order of payment out of an estate.
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
- Intestacy ontario no will distribution — Treadstone Law
- What is preferential share ontario intestacy — Treadstone Law
- Business held in a family trust not direct shares — Treadstone Law
- Wills & estates practice — Treadstone Law