A net estate of $350,000 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 | 1/9 | $38,889 | one eighth with children — reduced by 'awl |
| Mother | 4/27 | $51,852 | one sixth — children or two or more siblings survive — reduced by 'awl |
| Father | 4/27 | $51,852 | one sixth, plus any residue — reduced by 'awl |
| Daughters (2, shared) | 16/27 | $207,407 | two thirds shared, no son — reduced by 'awl |
The fixed shares added up to more than the whole estate, so every share has been reduced proportionally. All four Sunni schools accept this.
Shares total 1. Figures rounded to whole dollars.
Under Canadian law
Ontario gives the widow the preferential share and the residue is split with the children; the deceased's parents receive nothing.
What makes the difference
Both parents take a sixth each here, and the father also takes any residue as a residuary heir. The two daughters share two thirds between them.
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
- Administering estates — Government of Ontario
- Wills, Estates and Succession Act, SBC 2009, c 13 — BC Laws
- Stepchildren inheritance rights ontario no will — Treadstone Law
- Does intestacy affect rrsp or tfsa ontario — Treadstone Law
- Body disposition dispute no will instructions ontario — Treadstone Law
- What happens if you die without a will ontario — Treadstone Law
- Probate ontario bank account no will — Treadstone Law
- Intestacy ontario no will distribution — Treadstone Law
- Does spouse inherit if no will ontario — Treadstone Law
- Wills & estates practice — Treadstone Law