A net estate of $320,000 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 | $40,000 | one eighth with children |
| Mother | 1/6 | $53,333 | one sixth — children or two or more siblings survive |
| Son | 17/36 | $151,111 | residue as asabah, two shares each |
| Daughter | 17/72 | $75,556 | residue as asabah, one share each |
Shares total 1. Figures rounded to whole dollars.
Under Canadian law
Canadian courts have enforced mahr agreements as contracts. Treated as an estate debt, it is paid before beneficiaries receive anything.
What makes the difference
The mahr comes off the top as a debt, so the figures below apply to $300,000 rather than $320,000. The widow receives the $20,000 as a creditor and then her one-eighth share as an heir.
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
- Widow remarries during pending dependant claim ontario — Treadstone Law
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