A net estate of $280,000 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 | 1/4 | $70,000 | one quarter, no children |
| Mother | 1/3 | $93,333 | one third |
| Full brother (1) | 5/12 | $116,667 | residue as asabah |
Shares total 1. Figures rounded to whole dollars.
Under Canadian law
Ontario gives the widow the entire estate where there are no children, ahead of the mother and brother.
What makes the difference
Three heirs take here: the wife a quarter, the mother a sixth because two or more siblings survive — check the sibling count carefully, as it changes her share — and the brother the residue.
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
- Beneficiary died before me ontario — Treadstone Law
- Other family challenge sale to one sibling later ontario — Treadstone Law
- Business held in a family trust not direct shares — Treadstone Law
- Beneficiary right to information ontario — Treadstone Law
- Shares held in trust ontario corporation — Treadstone Law
- Wills & estates practice — Treadstone Law