A net estate of $150,000 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 | $18,750 | one eighth with children |
| Son | 7/16 | $65,625 | residue as asabah, two shares each |
| Daughters (2, shared) | 7/16 | $65,625 | residue as asabah, one share each |
Shares total 1. Figures rounded to whole dollars.
Under Canadian law
A home held in joint tenancy passes to the surviving owner automatically, outside the estate and outside probate. Only the remaining assets form the estate.
What makes the difference
This is why joint ownership matters so much religiously: the largest asset in most families never reaches the faraid calculation at all. The shares below apply only to what remained.
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
- Succession Law Reform Act, RSO 1990, c S.26 — Government of Ontario
- Principal residence exemption — Canada Revenue Agency
- Canadian Legal Information Institute — CanLII
- Equalization payment and matrimonial home sale proceeds — Treadstone Law
- Joint tenancy vs tenants in common ontario — Treadstone Law
- Joint tenancy vs tenants in common ontario 2 — Treadstone Law
- Registering title before funds confirmed risk ontario — Treadstone Law
- Adding removing spouse from title ontario — Treadstone Law
- Title insurance what is it ontario 2 — Treadstone Law
- Title insurance vs home insurance ontario — Treadstone Law
- Wills & estates practice — Treadstone Law