The two cases ruled on by 'Umar concerning a mother's share.
In Islamic law
Where the heirs are a spouse, mother and father, the mother takes one third of the residue remaining after the spouse's share, rather than one third of the whole estate. Named for 'Umar ibn al-Khattab, and accepted by all four schools.
In Canadian law
Directly relevant: a husband or wife plus both parents is a common configuration in a young Canadian Muslim family.
Across the madhahib
All four Sunni schools follow the Umariyyatan rule. The minority position giving the mother one third of the entire estate is attributed to Ibn 'Abbas and is not the position of any of the four schools.
Canadian legal detail
Treadstone Law, an Ontario firm with a wills and estates practice, covers the Canadian side of this in more depth:
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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
- Testator capacity decline updating will ontario — Treadstone Law
- Service validity challenge ontario — Treadstone Law
- Litigation guardian incapable party will dispute ontario — Treadstone Law
- Is ontario will valid if signed by one witness — Treadstone Law
- Does marriage revoke a will ontario — Treadstone Law
- Wills & estates practice — Treadstone Law