Residuary heirs — those who take what remains after the fixed shares are paid.
In Islamic law
Once the ashab al-furud (holders of fixed fractions) have taken their shares, any residue passes to the asabah, generally male agnatic relatives and those who take alongside them. Sons, then grandsons, then father, then brothers and their sons, then paternal uncles, in order of proximity.
In Canadian law
No Canadian analogue. Ontario's Succession Law Reform Act distributes intestate estates by degree of kinship without distinguishing agnatic from cognatic lines, so an intestate Muslim estate will not follow the asabah order.
We have not yet researched whether the four Sunni schools differ on this term, so we are not going to tell you either way. Where a specific case turns on it, ask a qualified scholar rather than relying on a general summary.
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.
- 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
- Encyclopaedia of Islam — Brill
- Oxford Islamic Studies / Oxford Reference — Oxford University Press