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Ja'fari

The principal Twelver Shi'i school of law, which differs substantially on inheritance.

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.

The principal Twelver Shi'i school of law, which differs substantially on inheritance.

In Islamic law

Ja'fari inheritance law organises heirs into classes, with a nearer class excluding a more distant one entirely. It does not apply 'awl in the Sunni manner, and a sole daughter may take the whole estate by radd where Sunni schools would pass a residue to agnates.

In Canadian law

Included because Canada has a substantial Shi'i population, and because a will drafted on Sunni assumptions will not reflect Ja'fari shares. Ask a scholar of your own school.

Across the madhahib

This entry is included for orientation only — the four columns elsewhere on this site are the Sunni schools, and none of them represents the Ja'fari position.

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
  3. Encyclopaedia of Islam — Brill
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. Shareholders agreement vs will conflicts ontario — Treadstone Law
  2. Can a will override beneficiary designation ontario — Treadstone Law
  3. Ontario valid will legal requirements — Treadstone Law
  4. Recovering expert witness fees costs ontario — Treadstone Law
  5. Can you challenge a will before the person dies ontario — Treadstone Law
  6. Wills & estates practice — Treadstone Law