The public treasury — classical recipient of an estate with no entitled heirs.
In Islamic law
Where no fixed-share heir and no residuary exists, the classical Maliki and Shafi'i position sends the residue to the bayt al-mal. The Hanafi and Hanbali schools instead extend inheritance to dhawu al-arham first.
In Canadian law
No functioning bayt al-mal exists in Canada, which is why later scholars in the Maliki and Shafi'i schools generally permit radd and inheritance by dhawu al-arham in this context. An estate with genuinely no heirs escheats to the provincial Crown.
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