Leaving part of the one-third wasiyyah to relatives who do not inherit under faraid.
In Islamic law
Non-Muslim relatives do not inherit as fixed heirs under the classical rules, but they are not barred from receiving a bequest out of the discretionary one third. In a Canadian family this is the mechanism scholars commonly point to.
In Canadian law
Canadian law imposes no restriction whatever on who may benefit under a will.
Across the madhahib
The four schools agree that difference of religion prevents inheritance as a fixed heir; they do not treat it as a bar to a wasiyyah.
Canadian legal detail
Treadstone Law, an Ontario firm with a wills and estates practice, covers the Canadian side of this in more depth:
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.
- 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
- Withholding tax inheritance non resident beneficiary ontario — Treadstone Law
- Wills & estates practice — Treadstone Law