A net estate of $500,000 after funeral expenses, debts and any bequest. Here is what Islamic law does with it, and what Canadian law does.
Under faraid
| Heir | Share | Amount | Basis |
|---|---|---|---|
| Wife | 1/8 | $62,500 | one eighth with children |
| Son | 7/20 | $175,000 | residue as asabah, two shares each |
| Daughters (3, shared) | 21/40 | $262,500 | residue as asabah, one share each |
Shares total 1. Figures rounded to whole dollars.
Under Canadian law
Ontario gives the widow $350,000 first, then a third of the residue, with the four children splitting the remainder equally — sons and daughters alike.
What makes the difference
Under faraid the son takes twice each sister's share of the residue. In British Columbia that unequal ratio is exposed to a wills-variation claim under section 60.
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.
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.
- Research Papers — Cambridge Muslim College
- Academics — Islamic law and theology curriculum — Zaytuna College
- Renovatio: The Journal of Zaytuna College — Zaytuna College
- Oxford Islamic Studies / Oxford Reference — Oxford University Press
- Encyclopaedia of Islam — Brill
- 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
- Grewal v. Litt, 2019 BCSC 1154 — CanLII
- Wills, Estates and Succession Act, SBC 2009, c 13 — BC Laws
- Canadian Legal Information Institute — CanLII
- Spence v. BMO Trust Company, 2016 ONCA 196 — CanLII
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