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.
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