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Tashih al-Mas'ala

Correcting the shares so every heir receives a whole number of units.

This is legal information only. For advice on your own circumstances, speak to a lawyer.

Correcting the shares so every heir receives a whole number of units.

In Islamic law

Where fractional shares do not divide evenly among a class of heirs, the denominator is scaled up so the distribution works in whole units. A calculation step, not a rule of entitlement.

In Canadian law

Canadian estates handle the same problem by valuing assets and distributing in dollars, or by holding property in undivided shares.

Across the madhahib

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:

Note

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.

Islamic primary sources
  1. Surah an-Nisa 4:11 — shares of children and parents — Quran.com
  2. Surah an-Nisa 4:12 — shares of spouses and uterine siblings — Quran.com
  3. Surah an-Nisa 4:176 — the kalalah verse — Quran.com
  4. Sahih al-Bukhari, Book 85: Laws of Inheritance (Faraid) — Sunnah.com
  5. Sahih Muslim, Book of Inheritance — Sunnah.com
Scholarly & institutional references
  1. Encyclopaedia of Islam — Brill
  2. Oxford Islamic Studies / Oxford Reference — Oxford University Press
Further reading — Treadstone Law
  1. Holding property in trust ontario — Treadstone Law
  2. Valuing estate assets for probate ontario real estate investments — Treadstone Law
  3. Family trust holding shares still qualify for cge ontario — Treadstone Law
  4. Distributing trust property to beneficiaries tax free canada — Treadstone Law
  5. Wills & estates practice — Treadstone Law