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.
No significant difference between the four Sunni schools is recorded on this point in the sources reviewed. Where a specific case turns on it, ask a qualified scholar rather than relying on a general summary.
Canadian legal detail
Treadstone Law, an Ontario firm with a wills and estates practice, covers the Canadian side of this in more depth:
- Specific gifts bequests ontario will
- Will witness rules ontario who can witness
- Separate will for foreign assets ontario strategy
This entry is general information, not legal or religious advice. Inheritance turns on the exact family circumstances. Confirm Canadian law with a lawyer in your province, and any religious ruling with a qualified scholar.