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Daughter's Share

A daughter takes half a son's portion where sons survive; a fixed share where none do.

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.

A daughter takes half a son's portion where sons survive; a fixed share where none do.

In Islamic law

With a son, a daughter shares the residue at half his portion. With no son, one daughter takes one half as a fixed share, and two or more daughters share two thirds between them.

In Canadian law

Equal division under provincial intestacy. In British Columbia the unequal faraid ratio is also exposed to a wills-variation claim under section 60 of WESA.

Across the madhahib

The 2:1 ratio is agreed across all four Sunni schools. Its interaction with maintenance obligations — a brother's duty to support — is part of how classical scholars explain it.

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.

Citations & sources

Every factual claim on this page traces to one of the references below. Legislation and dollar thresholds change — verify against the primary source before relying on any figure.

Islamic primary sources
  1. Surah an-Nisa 4:11 — shares of children and parents — Quran.com
  2. Surah an-Nisa 4:12 — shares of spouses and uterine siblings — Quran.com
  3. Surah an-Nisa 4:176 — the kalalah verse — Quran.com
  4. Sahih al-Bukhari, Book 85: Laws of Inheritance (Faraid) — Sunnah.com
Scholarly & institutional references
  1. Encyclopaedia of Islam — Brill
Canadian legislation & government
  1. Succession Law Reform Act, RSO 1990, c S.26 — Government of Ontario
  2. Locating wills and documents — Law Society of Ontario
Canadian legal commentary
  1. Does ontario recognize foreign will — Treadstone Law
  2. Blended family will planning ontario — Treadstone Law
  3. Updating powers of attorney alongside will ontario — Treadstone Law
  4. Changing will guardian appointment ontario — Treadstone Law
  5. Locating will and assets after death ontario — Treadstone Law
  6. Wills & estates practice — Treadstone Law