Islamic Wills
An Islamic Will sets out your wishes for distribution consistent with Shari’a and enforceable under Ontario law. In Islam, an estate is generally divided into:
Fara’id: fixed shares that typically account for two‑thirds of the estate; and
Wasiyyah: up to one‑third for discretionary charitable or personal bequests.
If a Muslim dies without a Will in Ontario, the estate is distributed under the Succession Law Reform Act (SLRA)—which may not align with Islamic inheritance. Drafting a valid Islamic Will during your lifetime helps to ensure both religious and legal compliance.
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Appointment of executor(s) and guardians
Directions for burial, autopsy, and organ donation preferences
Payment of debts, zakat, kaffarah/other moral obligations
Wasiyyah bequests (up to one‑third in total)
Fara’id‑based clauses for remainder distribution
Optional charitable foundations/endowments (Waqf‑style) in coordination with tax advice
General Fara’id Principles (Illustrative)
Surviving husband: ½, or ¼ if there are children.
Surviving wife: ¼, or ⅛ if there are children.
Each parent: often ⅙ (context‑dependent).
Children: remaining shares typically allocated with sons receiving a 2:1 proportion relative to daughters, based on traditional rules.
Wasiyyah cannot exceed one‑third of the total estate.
We can work with your Imam or Shari’a advisor. Final drafting ensures Ontario enforceability while honouring religious intent.
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Religious goals + Ontario validity check
Drafting with Wasiyyah and Fara’id schedules
Signing, witnessing, storage
Coordination with beneficiary designations and property title
Why Choose Haider Khan Legal?
We assist clients seeking an estate plan informed by Islamic principles while also complying with Ontario law and formal signing requirements. Our approach is respectful and individualized, and we explain how religious objectives, family circumstances, taxes, and legal obligations may interact.
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