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.
Making an Islamic will in Canada — province by province, and what makes one valid where you live →
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