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'Urf

Local custom, where it does not contradict the sources.

Draft — pending review. This page has been prepared but has not yet been reviewed by a Canadian estates lawyer or a qualified scholar. Treat it as a starting point for questions, not as advice you should act on.

Local custom, where it does not contradict the sources.

In Islamic law

Custom shapes application. What counts as a reasonable funeral expense or a customary mahr in Canada differs from elsewhere, and 'urf is the mechanism that accommodates it.

In Canadian law

Canadian courts likewise consider context and reasonable expectations.

Across the madhahib

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:

Important

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.

Scholarly & institutional references
  1. Encyclopaedia of Islam — Brill
  2. Oxford Islamic Studies / Oxford Reference — Oxford University Press
Canadian legislation & government
  1. Succession Law Reform Act, RSO 1990, c S.26 — Government of Ontario
  2. Locating wills and documents — Law Society of Ontario
Canadian legal commentary
  1. Capacity assessment will elderly ontario — Treadstone Law
  2. Undue influence will challenge ontario — Treadstone Law
  3. Charitable gift charity merged since will made ontario — Treadstone Law
  4. Discontinuing a will challenge ontario — Treadstone Law
  5. What makes a will valid in ontario — Treadstone Law
  6. Wills & estates practice — Treadstone Law