Exclusion — where a nearer heir blocks a more distant one from inheriting.
In Islamic law
Hajb can be total (a son excludes a brother entirely) or partial (a child reduces a spouse's share from one quarter to one eighth). Getting exclusion wrong is the most common error in amateur faraid calculations.
In Canadian law
Provincial intestacy has a comparable ordering by degree of kinship, but the exclusions do not line up with the Islamic ones.
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:
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
- Missing heir intestacy ontario estate — Treadstone Law
- Intestacy spouse one child ontario — Treadstone Law
- Wills & estates practice — Treadstone Law