Whoever a court decides, unless you name someone. A testamentary appointment carries real weight but is temporary — in Ontario it holds for 90 days before a court application is needed.
The Canadian position
Courts decide guardianship on the best interests of the child. A parent's nomination is strong evidence but is not binding.
Naming a guardian is often the single most important clause in a young family's will, and the one most commonly left out.
The Islamic position
Islamic law distinguishes hadanah, care of the child, from wilayah, guardianship of their property. The classical order of entitlement does not map onto Canadian best-interests analysis.
Practically: name the person you want for care, and set up a trust for the property, because the two roles need not be the same person.
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.
What to do about it
- Name a guardian and an alternate in the will.
- Ask them first.
- Set up a testamentary trust so the children's shares are managed until they are old enough.
- Write a short letter of wishes explaining the religious upbringing you intend.
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.
- Research Papers — Cambridge Muslim College
- Research — Cambridge Muslim College
- Academics — Islamic law and theology curriculum — Zaytuna College
- Encyclopaedia of Islam — Brill
- Succession Law Reform Act, RSO 1990, c S.26 — Government of Ontario
- Administering estates — Government of Ontario
- Substitute Decisions Act, 1992 — Government of Ontario
- Leaving money minor children ontario will — Treadstone Law
- Applying canadian citizenship minor child ontario — Treadstone Law
- Guardianship management plan requirement ontario — Treadstone Law
- Minor child presumption advancement joint account ontario — Treadstone Law
- Service on minor or incapable person ontario — Treadstone Law
- Resubmitting minor variance after refusal ontario — Treadstone Law
- Wills & estates practice — Treadstone Law