A net estate of $300,000 after funeral expenses, debts and any bequest. Here is what Islamic law does with it, and what Canadian law does.
Under faraid
The four schools do not divide this estate the same way. Each grouping below is what that school actually gives, on the researched positions in our madhhab register.
Hanafi
| Heir | Share | Amount | Basis |
|---|---|---|---|
| Paternal grandfather | 1 | $300,000 | the entire residue as asabah |
Maliki, Shafi’i and Hanbali
| Heir | Share | Amount | Basis |
|---|---|---|---|
| Paternal grandfather | 1/3 | $100,000 | sharing with the siblings, taking the better of muqasama, a third of the residue, or a sixth of the estate |
| Full brothers (2) | 8/15 | $160,000 | residue after the grandfather's share |
| Full sister (1) | 2/15 | $40,000 | residue after the grandfather's share |
A grandfather surviving alongside siblings is a recognised point of difference: Abu Hanifa excludes the siblings entirely, while the Maliki, Shafi'i and Hanbali schools have the grandfather share with them, taking no less than one third of the residue. This calculator applies Abu Hanifa's rule for every school, so on the Maliki, Shafi'i or Hanbali position the grandfather's figure above is too high and the siblings' too low. Take advice before relying on it.
Shares total 1. Figures rounded to whole dollars.
Under Canadian law
Ontario would distribute to siblings where no spouse, children or parents survive.
What makes the difference
This is the classic point of difference: Abu Hanifa has the grandfather exclude the siblings entirely, while the Maliki, Shafi'i and Hanbali schools have him share with them, taking no less than one third of the residue. The figures below apply Abu Hanifa's rule; on the Maliki, Shafi'i or Hanbali position the grandfather takes less and the siblings take a share.
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 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.
- 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
- Succession Law Reform Act, RSO 1990, c S.26 — Government of Ontario
- Administering estates — Government of Ontario
- Wills, Estates and Succession Act, SBC 2009, c 13 — BC Laws
- Estate taking too long what beneficiaries can do ontario — Treadstone Law
- Beneficiary died before me ontario — Treadstone Law
- Avoiding 21 year rule distribute trust property — Treadstone Law
- Business held in a family trust not direct shares — Treadstone Law
- Ontario intestacy no spouse no children — Treadstone Law
- Wills & estates practice — Treadstone Law