A bequest — the portion of an estate a Muslim may direct freely by will, capped at one third.
In Islamic law
Wasiyyah is the discretionary part of Islamic estate planning. A Muslim may bequeath up to one third of the net estate (after debts and funeral expenses) to persons or causes that are not fixed heirs. The classical basis is the hadith of Sa'd ibn Abi Waqqas, in which the Prophet ﷺ limited his intended bequest to one third, adding that 'one third, and one third is a lot.'
In Canadian law
Canadian law imposes no one-third limit — testamentary freedom is broad, subject to dependant-support claims and, in BC, wills-variation. So a wasiyyah is given effect simply by writing it into a valid Canadian will.
Where the madhahib differ
| Issue | Hanafi | Maliki | Shafi’i | Hanbali |
|---|---|---|---|---|
| Bequest to a fixed heir | Invalid unless the other heirs consent after death | Invalid unless the other heirs consent after death | Invalid unless the other heirs consent after death | Invalid unless the other heirs consent after death |
| Exceeding one third | Valid only to one third unless heirs consent | Valid only to one third unless heirs consent | Valid only to one third unless heirs consent | Valid only to one third unless heirs consent |
The four madhahib agree on the one-third cap and on the bar against bequeathing to a fixed heir without consent. Differences appear in narrower questions — timing of consent, and treatment where there are no heirs at all.
Canadian legal detail
Treadstone Law, an Ontario firm with a wills and estates practice, covers the Canadian side of this in more depth:
- Time limit for dependant support claims ontario
- Probate with will vs without will ontario differences
- Consent settlement dependant support without trial ontario
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
- Oxford Islamic Studies / Oxford Reference — Oxford University Press
- Time limit for dependant support claims ontario — Treadstone Law
- Probate with will vs without will ontario differences — Treadstone Law
- Consent settlement dependant support without trial ontario — Treadstone Law
- Is ontario will valid if signed by one witness — Treadstone Law
- Wills & estates practice — Treadstone Law