A son inherits as a residuary, taking twice a daughter's portion.
In Islamic law
Sons are the primary asabah. After the fixed shares are paid, sons and daughters take the residue in a 2:1 ratio. A son is never excluded by any other heir.
In Canadian law
Provincial intestacy divides equally among children regardless of sex, so an intestate estate will not produce this ratio.
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:
- What is preferential share ontario intestacy
- Ontario intestacy no spouse no children
- Preferential share spouse intestacy ontario
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
- Encyclopaedia of Islam — Brill
- What is preferential share ontario intestacy — Treadstone Law
- Ontario intestacy no spouse no children — Treadstone Law
- Preferential share spouse intestacy ontario — Treadstone Law
- Are adopted children included in intestacy ontario — Treadstone Law
- Wills & estates practice — Treadstone Law