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Can the fixed shares be varied by agreement?

Not by the testator: a bequest in favour of someone who is already an heir does not take effect, so a will cannot be used to enlarge one heir’s share or cut another’s. It can be varied by the heirs, once the estate has vested in them — but that is their gift to make, not the testator’s.

This is legal information only. For advice on your own circumstances, speak to a lawyer.

Where the four schools stand

Researched — the four schools agree

Agreed. The four schools hold that the shares are not the testator’s to move. A bequest to a person who already inherits does not take effect — “Allah has given every rightholder his right, so there is no bequest to an heir”, from the Farewell Pilgrimage sermon — and Ibn Rushd records the schools as agreed both on that and on the consequence, that a bequest to an heir cannot stand where the co-heirs refuse it. A will therefore cannot be used to disinherit a son, to top up a daughter, or to attach conditions to what a fixed heir takes. What the shares can be varied by is agreement among the heirs after death. Once the estate vests, each heir owns their share outright and may give it, sell it or trade it, so adult competent heirs may settle among themselves — one takes the house and compensates the others. Ibn Qudama names Ahmad, al-Shafi’i, Abu Hanifa and his companions, and Malik as all giving effect to the heirs’ consent once the testator has died. The dissent Ibn Rushd records against that — the Zahiris and al-Muzani — belongs to none of the four. The distinction that carries all the weight is whose decision it is: the testator may not redraw the shares, and the heirs may only give away what has already become theirs. A minor’s share cannot be settled away by anyone. We checked this point; the schools do not differ on it.

Shared evidence: Sunan Abi Dawud 2870 — Abu Umamah, from the Farewell Pilgrimage sermon: “no bequest to an heir” · Jami‘ at-Tirmidhi 2120 — the same report; al-Tirmidhi grades it hasan sahih · Surah an-Nisa 4:11 — “an obligation from Allah”.

Not covered by this finding: what happens when a court varies the shares rather than the testator — a British Columbia wills-variation order under s.60 WESA, or an Ontario dependant support order — which is a contemporary question the classical texts do not reach — not yet researched school by school. Treat that as open and ask a scholar of your school.

Researched finding from our madhhab register — issue fixed-shares-inviolable, reviewed 2026-08-19.

Full evidence and history: Can the fixed shares be varied by agreement? — the issue page.

Questions that turn on this

Every answer below renders its madhhab position from this one entry, so the positions cannot drift apart between pages.

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.

Islamic primary sources
  1. Surah an-Nisa 4:11 — shares of children and parents — Quran.com
Classical fiqh works
  1. Bidayat al-Mujtahid wa Nihayat al-Muqtasid, vol. 2 — Book of Wasaya (bequests) and Book of Fara’id (inheritance), trans. Imran Ahsan Khan Nyazee — Ibn Rushd (Averroes, d. 595 AH)
  2. al-Mughni (Maktabat al-Qahira edition) — full Arabic text — Ibn Qudama al-Maqdisi (d. 620 AH)
  3. al-Mawsu‘a al-Fiqhiyya al-Kuwaitiyya (Kuwaiti Encyclopaedia of Islamic Jurisprudence, 45 vols) — Ministry of Awqaf and Islamic Affairs, Kuwait