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:
- Adopted children inheritance intestacy ontario
- Minor children inheritance intestacy ontario
- Next of kin vs beneficiary ontario whats the difference
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
- Adopted children inheritance intestacy ontario — Treadstone Law
- Minor children inheritance intestacy ontario — Treadstone Law
- Next of kin vs beneficiary ontario whats the difference — Treadstone Law
- What is preferential share ontario intestacy — Treadstone Law
- Wills & estates practice — Treadstone Law