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.
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