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'Awl

Proportional reduction when the fixed shares add up to more than the whole estate.

This is legal information only. For advice on your own circumstances, speak to a lawyer.

Proportional reduction when the fixed shares add up to more than the whole estate.

In Islamic law

Some combinations of heirs produce fractions summing to more than one. Under 'awl the denominator is increased so every fixed share abates proportionally — the reverse situation to radd.

In Canadian law

No analogue. Where a Canadian estate is insufficient, the shortfall falls on beneficiaries by the law of abatement, which follows a different order (residue first, then general, then specific gifts).

Across the madhahib

The four Sunni schools accept 'awl, following the practice attributed to 'Umar ibn al-Khattab. It is among the points where Sunni and Ja'fari (Twelver Shi'i) inheritance law diverge.

Canadian legal detail

Treadstone Law, an Ontario firm with a wills and estates practice, covers the Canadian side of this in more depth:

Note

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.

Islamic primary sources
  1. Surah an-Nisa 4:11 — shares of children and parents — Quran.com
  2. Surah an-Nisa 4:12 — shares of spouses and uterine siblings — Quran.com
  3. Surah an-Nisa 4:176 — the kalalah verse — Quran.com
  4. Sahih al-Bukhari, Book 85: Laws of Inheritance (Faraid) — Sunnah.com
  5. Sahih Muslim, Book of Inheritance — Sunnah.com
Scholarly & institutional references
  1. Encyclopaedia of Islam — Brill
  2. Oxford Islamic Studies / Oxford Reference — Oxford University Press
Further reading — Treadstone Law
  1. Specific gifts bequests ontario will — Treadstone Law
  2. Rrsp vs tfsa which to use first ontario — Treadstone Law
  3. Do beneficiaries pay tax on inheritance canada — Treadstone Law
  4. Wills & estates practice — Treadstone Law