A fixed share where no son survives, subject to exclusion rules.
In Islamic law
A son's daughter may take one sixth to complete the two thirds where one daughter survives, or a larger share where no children survive at all. She is excluded by two or more daughters in most configurations.
In Canadian law
Provincial intestacy uses representation, so a grandchild generally steps into a predeceased parent's place — which faraid does not do in the same way.
Making an Islamic will in Canada — province by province, and what makes one valid where you live →
We have not yet researched whether the four Sunni schools differ on this term, so we are not going to tell you either way. Where a specific case turns on it, ask a qualified scholar rather than relying on a general summary.
Canadian legal detail
Treadstone Law, an Ontario firm with a wills and estates practice, covers the Canadian side of this in more depth:
- What is preferential share ontario intestacy
- Preferential share spouse intestacy ontario
- Half relatives kindred rules ontario intestacy
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
- Encyclopaedia of Islam — Brill
- What is preferential share ontario intestacy — Treadstone Law
- Preferential share spouse intestacy ontario — Treadstone Law
- Half relatives kindred rules ontario intestacy — Treadstone Law
- Wills & estates practice — Treadstone Law