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Bequest to Non-Muslim Relatives

Leaving part of the one-third wasiyyah to relatives who do not inherit under faraid.

Draft — pending review. This page has been prepared but has not yet been reviewed by a Canadian estates lawyer or a qualified scholar. Treat it as a starting point for questions, not as advice you should act on.

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:

Important

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.