A net estate of $400,000 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 | $50,000 | one eighth with children |
| Son | 7/8 | $350,000 | residue as asabah, two shares each |
Shares total 1. Figures rounded to whole dollars.
Under Canadian law
Canadian law recognises a child en ventre sa mère as capable of inheriting if subsequently born alive. The estate should not be fully distributed until the birth.
What makes the difference
Faraid reserves a share for the unborn child on the assumption most favourable to the pregnancy, then recalculates once the child is born. The figures below show the position for the surviving son alone — the executor must hold back for the pregnancy.
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
- Apply for probate of an estate — Government of Ontario
- Estate Administration Tax — Government of Ontario
- What to do when someone has died — Canada Revenue Agency
- Is a probated will public record ontario — Treadstone Law
- Applying for probate yourself ontario without lawyer — Treadstone Law
- How long does probate take ontario — Treadstone Law
- Affidavit of execution ontario probate application — Treadstone Law
- Refund overpaid estate administration tax ontario — Treadstone Law
- Ancillary probate foreign property ontario estate — Treadstone Law
- Ontario multiple wills primary secondary probate savings — Treadstone Law
- Wills & estates practice — Treadstone Law