Home  ›  Ilm Hub  ›  Glossary  ›  Ikhtilaf
Ilm Hub

Ikhtilaf

Legitimate disagreement between qualified scholars.

This is legal information only. For advice on your own circumstances, speak to a lawyer.

Legitimate disagreement between qualified scholars.

In Islamic law

Ikhtilaf is a recognised and accepted feature of Islamic law, not a defect. In inheritance the areas of genuine ikhtilaf are well mapped — distant relatives, surplus distribution, the grandfather with siblings, and a handful of named cases.

In Canadian law

Canadian law needs a single answer to distribute an estate. Where the schools differ, the will has to state which position it follows, or the executor will be left guessing.

Across the madhahib

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:

Note

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.

Scholarly & institutional references
  1. Encyclopaedia of Islam — Brill
  2. Oxford Islamic Studies / Oxford Reference — Oxford University Press
Further reading — Treadstone Law
  1. How long does executor have to distribute estate — Treadstone Law
  2. Difference between executor and estate trustee ontario — Treadstone Law
  3. Wills & estates practice — Treadstone Law