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.
No significant difference between the four Sunni schools is recorded on this point in the sources reviewed. 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:
- Discontinuing a will challenge ontario
- Summary judgment will validity ontario
- Storing and safekeeping a will ontario
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.
Citations & sources
Every factual claim on this page traces to one of the references below. Legislation and dollar thresholds change — verify against the primary source before relying on any figure.
- 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
- Succession Law Reform Act, RSO 1990, c S.26 — Government of Ontario
- Locating wills and documents — Law Society of Ontario
- Naming guardian minor children ontario will — Treadstone Law
- Revoking will ontario methods — Treadstone Law
- Foreign marriage validity spousal sponsorship canada — Treadstone Law
- Multiple wills ontario — Treadstone Law
- Combined estate plan poa and will ontario — Treadstone Law
- Wills & estates practice — Treadstone Law