An unborn child, whose potential share is held until birth.
In Islamic law
A share is reserved for a child in the womb, calculated on the assumption most favourable to the pregnancy, and the estate is adjusted once the child is born alive.
In Canadian law
Canadian law similarly recognises a child en ventre sa mère as capable of inheriting if subsequently born alive.
No significant difference between the four Sunni schools is recorded on this point in the sources reviewed. 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:
- Discontinuing a will challenge ontario
- Forged or fraudulent will ontario what to do
- Conflicting wills which one governs ontario
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.
Citations & sources
Every factual claim on this page traces to one of the references below. Legislation and dollar thresholds change — verify against the primary source before relying on any figure.
- 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
- Succession Law Reform Act, RSO 1990, c S.26 — Government of Ontario
- Locating wills and documents — Law Society of Ontario
- What if will is lost ontario — Treadstone Law
- Can you challenge a will before the person dies ontario — Treadstone Law
- Revoke personal care poa ontario — Treadstone Law
- Translating a will for ontario probate — Treadstone Law
- Estate trustees power of sale in will vs court approval ontario — Treadstone Law
- Wills & estates practice — Treadstone Law