Relatives who are neither fixed-share heirs nor residuaries — e.g. a daughter's children, maternal uncles.
In Islamic law
Where there are no ashab al-furud and no asabah, the question arises whether more distant kin inherit. This is one of the clearest points of difference between the schools.
In Canadian law
Canadian intestacy has no such category. Ontario distributes to next of kin by degree of consanguinity, and only if no kin exist at all does the estate escheat to the Crown.
Where the madhahib differ
| Issue | Hanafi | Maliki | Shafi’i | Hanbali |
|---|---|---|---|---|
| Do they inherit? | Yes — they inherit after the fixed heirs and residuaries | Historically no — residue goes to the public treasury; many later Maliki authorities permit it where no bayt al-mal functions properly | Historically no — same position as the Malikis, with the same later accommodation | Yes — they inherit after the fixed heirs and residuaries |
The Hanafi and Hanbali schools admit dhawu al-arham as heirs. The classical Maliki and Shafi'i position directed the residue to the bayt al-mal (public treasury) instead, though later scholars in both schools generally permit inheritance by these relatives where no properly functioning treasury exists — which is the situation in Canada.
Canadian legal detail
Treadstone Law, an Ontario firm with a wills and estates practice, covers the Canadian side of this in more depth:
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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.