The 'return' — redistributing a surplus back to fixed-share heirs when shares don't exhaust the estate.
In Islamic law
If the fixed shares add up to less than the whole estate and there is no residuary heir, the surplus is returned proportionally to the fixed-share heirs. Whether this happens, and whether a spouse participates, differs by school.
In Canadian law
Not applicable — Canadian intestacy always allocates the entire estate, ultimately escheating to the Crown if no kin can be found.
Where the madhahib differ
| Issue | Hanafi | Maliki | Shafi’i | Hanbali |
|---|---|---|---|---|
| Is there radd? | Yes | Classically no — surplus to the treasury | Classically no — surplus to the treasury | Yes |
| Does a spouse share in radd? | Not in the classical view; the surplus returns to blood heirs first | N/A on the classical position | N/A on the classical position | Not in the classical view; the surplus returns to blood heirs first |
As with dhawu al-arham, later Maliki and Shafi'i scholars commonly accept radd where no functioning bayt al-mal exists. This matters practically in Canada, where no such institution operates.
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
- What is preferential share ontario intestacy — Treadstone Law
- Preferential share spouse intestacy ontario — Treadstone Law
- Wills & estates practice — Treadstone Law