One eighth where the deceased left children; one quarter where he did not.
In Islamic law
Where there is more than one wife, they share the same one eighth or one quarter between them.
In Canadian law
Very different from provincial intestacy, where a preferential share can give a spouse most of a modest estate before any division.
Making an Islamic will in Canada — province by province, and what makes one valid where you live →
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:
- Preferential share spouse intestacy ontario
- What is preferential share ontario intestacy
- Ontario intestacy no spouse no children
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
- Encyclopaedia of Islam — Brill
- Preferential share spouse intestacy ontario — Treadstone Law
- What is preferential share ontario intestacy — Treadstone Law
- Ontario intestacy no spouse no children — Treadstone Law
- Intestacy spouse one child ontario — Treadstone Law
- Wills & estates practice — Treadstone Law