One sixth where there are children or multiple siblings; otherwise one third.
In Islamic law
Where the heirs are a spouse and both parents, the Umariyyatan rule gives the mother one third of what remains after the spouse's share rather than one third of the whole.
In Canadian law
Provincial intestacy generally gives a parent nothing while a spouse or children survive — the sharpest single divergence from faraid.
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.
Canadian legal detail
Treadstone Law, an Ontario firm with a wills and estates practice, covers the Canadian side of this in more depth:
- Intestacy spouse multiple children ontario
- Ontario intestacy no spouse no children
- Preferential share spouse intestacy ontario
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.
- Surah an-Nisa 4:11 — shares of children and parents — Quran.com
- Surah an-Nisa 4:12 — shares of spouses and uterine siblings — Quran.com
- Surah an-Nisa 4:176 — the kalalah verse — Quran.com
- Sahih al-Bukhari, Book 85: Laws of Inheritance (Faraid) — Sunnah.com
- Encyclopaedia of Islam — Brill
- Intestacy spouse multiple children ontario — Treadstone Law
- Ontario intestacy no spouse no children — Treadstone Law
- Preferential share spouse intestacy ontario — Treadstone Law
- Matrimonial home one spouse never lived there — Treadstone Law
- Wills & estates practice — Treadstone Law