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Obligatory Bequest

A bequest to orphaned grandchildren, required by statute in some Muslim-majority countries.

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.

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.

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.