An agreement among heirs to settle their shares differently.
In Islamic law
Heirs who are adult and competent may agree among themselves to redistribute after the shares have vested — one taking the house and compensating the others, for example. The shares must first be established; takharuj is a settlement of them, not a replacement.
In Canadian law
Maps onto a family settlement agreement, which Canadian estates use routinely to avoid selling a family home. The sequencing matters: establish the faraid shares first, then document the settlement.
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:
- Rrsp vs tfsa which to use first ontario
- Is the matrimonial home treated differently in equalization
- Estate freeze family trust shares 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
- Sahih Muslim, Book of Inheritance — Sunnah.com
- Encyclopaedia of Islam — Brill
- Rrsp vs tfsa which to use first ontario — Treadstone Law
- Is the matrimonial home treated differently in equalization — Treadstone Law
- Estate freeze family trust shares ontario — Treadstone Law
- Mutual wills blended family ontario agreement — Treadstone Law
- Wills & estates practice — Treadstone Law