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:
- Certificate of pending litigation family cases
- Family trust dividends attributed income
- Minority share purchase same risk as buying it all
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
- Certificate of pending litigation family cases — Treadstone Law
- Family trust dividends attributed income — Treadstone Law
- Minority share purchase same risk as buying it all — Treadstone Law
- Minority shareholder same price per share as majority ontario — Treadstone Law
- Wills & estates practice — Treadstone Law