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.
Making an Islamic will in Canada — province by province, and what makes one valid where you live →
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