The 2:1 ratio between a son and a daughter is set out in Surah an-Nisa 4:11 and is agreed across all four Sunni schools. Classical scholars explain it alongside the maintenance obligations that fall on men.
The Canadian position
Canadian intestacy divides equally among children regardless of sex. A will can depart from that, and testamentary freedom makes the departure enforceable — except where a variation claim succeeds.
In British Columbia, section 60 of WESA gives a child standing to apply to vary a will. In Grewal v. Litt the court varied wills that had left four daughters 6.6% of a $9 million estate, holding that cultural or religious reasoning did not justify the disparity.
The Islamic position
The ratio applies where sons and daughters take together as residuary heirs. Where no son survives, a daughter takes a fixed share — one half alone, or two thirds shared between two or more.
The classical explanation ties the difference to obligation: a brother carries maintenance duties toward family that a sister does not, and a woman's own property and mahr remain hers.
No difference among the four Sunni schools on the ratio itself. The Ja'fari school reaches different outcomes in some configurations because it organises heirs into classes.
In BC specifically, take advice before signing. The unequal ratio is the precise feature a section 60 application attacks.
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 one of the references below. Legislation and dollar thresholds change — verify against the primary source before relying on any figure.
- 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
- Renovatio: The Journal of Zaytuna College — Zaytuna College
- Research Papers — Cambridge Muslim College
- Research — Cambridge Muslim College
- Academics — Islamic law and theology curriculum — Zaytuna College
- Encyclopaedia of Islam — Brill
- Grewal v. Litt, 2019 BCSC 1154 — CanLII
- Wills, Estates and Succession Act, SBC 2009, c 13 — BC Laws
- Canadian Legal Information Institute — CanLII
- Legal aid civil litigation ontario — Treadstone Law
- Expert witness civil litigation ontario — Treadstone Law
- Consent settlement dependant support without trial ontario — Treadstone Law
- Limitation period adult incapacity ontario — Treadstone Law
- Costs thrown away ontario litigation — Treadstone Law
- How courts calculate dependant support ontario — Treadstone Law
- Wills & estates practice — Treadstone Law