A net estate of $700,000 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 |
|---|---|---|---|
| Husband | 1/4 | $175,000 | one quarter with children |
| Mother | 1/6 | $116,667 | one sixth — children or two or more siblings survive |
| Father | 1/6 | $116,667 | one sixth — a son or son's son survives |
| Son | 5/12 | $291,667 | residue as asabah, two shares each |
Shares total 1. Figures rounded to whole dollars.
Under Canadian law
Ontario gives the widower the entire estate ahead of her parents where there is one child, subject to the preferential share and residue split with the child.
What makes the difference
Here four heirs take: the husband one quarter, each parent one sixth, and the son the residue. Provincial law recognises two of the four.
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
- Minor children inheritance intestacy ontario — Treadstone Law
- Probate ontario bank account no will — Treadstone Law
- Intestacy and ontario family property equalization — Treadstone Law
- Preferential share spouse intestacy ontario — Treadstone Law
- Half relatives kindred rules ontario intestacy — Treadstone Law
- Common law partner no will ontario — Treadstone Law
- What is estate trustee without a will ontario — Treadstone Law
- Wills & estates practice — Treadstone Law