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Qiyas

Analogical reasoning from an established ruling to a new case.

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.

Analogical reasoning from an established ruling to a new case.

In Islamic law

One of the agreed sources of law in all four schools, though they weight it differently. Much of what applies faraid to modern assets proceeds by qiyas.

In Canadian law

Comparable in function to reasoning by precedent.

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.

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
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. Spousal election equalization vs will ontario — Treadstone Law
  2. Charitable gift charity merged since will made ontario — Treadstone Law
  3. Naming step parent guardian in will ontario — Treadstone Law
  4. Cross examining drafting lawyer will dispute ontario — Treadstone Law
  5. Litigation guardian incapable party will dispute ontario — Treadstone Law
  6. Wills & estates practice — Treadstone Law