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.
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:
- Per stirpes distribution intestacy ontario
- How does intestacy treat common law children
- Stepchildren inheritance rights ontario no will
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.