Consent by heirs validating a bequest that would otherwise be void.
In Islamic law
A bequest exceeding one third, or made to a fixed heir, becomes effective if the other heirs consent after death. Consent before death is not effective in the majority view.
In Canadian law
Canadian law needs no such consent — the will governs. The consent question arises only religiously.
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.
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.
- Surah al-Baqarah 2:180 — the bequest verse — Quran.com
- Sahih al-Bukhari, Book 55: Wills and Testaments (Wasaya) — Sunnah.com
- Sahih Muslim, Book of Wills — Sunnah.com
- Encyclopaedia of Islam — Brill