A bequest to orphaned grandchildren, required by statute in some Muslim-majority countries.
In Islamic law
Where a son or daughter predeceases the parent, their children may be excluded by a surviving uncle under the classical rules. Egypt and several other jurisdictions responded with a compulsory bequest out of the one third. It is a statutory reform rather than a position of the four classical schools.
In Canadian law
No Canadian analogue is needed — a will can simply provide for grandchildren directly out of the discretionary third.
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:
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
- Sahih Muslim, Book of Inheritance — Sunnah.com
- Encyclopaedia of Islam — Brill
- Oxford Islamic Studies / Oxford Reference — Oxford University Press
- Do grandchildren inherit directly ontario intestacy — Treadstone Law
- Wills & estates practice — Treadstone Law