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:
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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.