Home  ›  Ilm Hub  ›  Case studies  ›  My brother died unmarried with no childr
Ilm Hub

My brother died unmarried with no children. Our parents have passed away.

A worked example on a $250,000 estate, with the Islamic and Canadian outcomes side by side.

This is legal information only. For advice on your own circumstances, speak to a lawyer.

A net estate of $250,000 after funeral expenses, debts and any bequest. Here is what Islamic law does with it, and what Canadian law does.

Under faraid

HeirShareAmountBasis
Full brothers (2)4/5$200,000residue as asabah
Full sister (1)1/5$50,000residue as asabah

Shares total 1. Figures rounded to whole dollars.

Under Canadian law

Ontario distributes to siblings where no spouse, children or parents survive — but divides equally between brothers and sisters.

What makes the difference

Under faraid the brothers take twice the sister's share as residuary heirs. This is the kalalah situation addressed in Surah an-Nisa 4:176.

This is an illustration

Real estates involve debts, taxes, beneficiary designations and jointly held property that change the arithmetic substantially. Run your own family through the calculator, then confirm the result with a scholar and a lawyer.

Note

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.

Scholarly & institutional references
  1. Research Papers — Cambridge Muslim College
  2. Academics — Islamic law and theology curriculum — Zaytuna College
  3. Renovatio: The Journal of Zaytuna College — Zaytuna College
  4. Oxford Islamic Studies / Oxford Reference — Oxford University Press
  5. Encyclopaedia of Islam — Brill
Islamic primary sources
  1. Surah an-Nisa 4:11 — shares of children and parents — Quran.com
  2. Surah an-Nisa 4:12 — shares of spouses and uterine siblings — Quran.com
  3. Surah an-Nisa 4:176 — the kalalah verse — Quran.com
  4. Sahih al-Bukhari, Book 85: Laws of Inheritance (Faraid) — Sunnah.com
  5. Sahih Muslim, Book of Inheritance — Sunnah.com
Canadian legislation & government
  1. Succession Law Reform Act, RSO 1990, c S.26 — Government of Ontario
  2. Administering estates — Government of Ontario
  3. Wills, Estates and Succession Act, SBC 2009, c 13 — BC Laws
Canadian legal commentary
  1. Common law partner no will ontario — Treadstone Law
  2. Intestacy and ontario family property equalization — Treadstone Law
  3. Half siblings intestacy ontario — Treadstone Law
  4. What is dependent support claim intestacy ontario — Treadstone Law
  5. Stepchildren inheritance rights ontario no will — Treadstone Law
  6. How long does estate administration take no will ontario — Treadstone Law
  7. Preferential share spouse intestacy ontario — Treadstone Law
  8. Wills & estates practice — Treadstone Law