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Ijtihad

Independent legal reasoning by a qualified jurist.

Draft — pending review. This page has been prepared but has not yet been reviewed by a Canadian estates lawyer or a qualified scholar. Treat it as a starting point for questions, not as advice you should act on.

Independent legal reasoning by a qualified jurist.

In Islamic law

The effort to derive a ruling from the sources. Questions genuinely new to Canadian Muslim life — RRSP designations, segregated funds, Henson trusts — are ijtihad questions, not settled classical ones.

In Canadian law

This is why a Canadian Muslim estate plan often needs both a lawyer and a scholar: the legal instruments here have no classical counterpart.

Across the madhahib

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:

Important

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.

Scholarly & institutional references
  1. Encyclopaedia of Islam — Brill
  2. Oxford Islamic Studies / Oxford Reference — Oxford University Press
Canadian legislation & government
  1. Succession Law Reform Act, RSO 1990, c S.26 — Government of Ontario
  2. Locating wills and documents — Law Society of Ontario
Canadian legal commentary
  1. Mutual wills blended family ontario — Treadstone Law
  2. Estate trustee without will ontario — Treadstone Law
  3. Pgt involvement will validity dispute ontario — Treadstone Law
  4. Can a beneficiary be a witness in ontario — Treadstone Law
  5. Translating a will for ontario probate — Treadstone Law
  6. Wills & estates practice — Treadstone Law