Making Your Islamic Will Legally Enforceable in Ontario: What Every Muslim Should Know

Preparing a will is a crucial act of foresight and responsibility. For Muslims, it also carries deep religious significance, as Islamic inheritance laws (Faraid) are considered divinely mandated.

However, in Ontario, Islamic inheritance principles are not automatically recognized by the legal system. This makes it essential for Muslims to not only create a Shariah-compliant will but also ensure it is enforceable under Ontario law. In this article, we explore the key legal considerations, common challenges, and best practices for making your Islamic Will valid and enforceable in Ontario.

How Is an Islamic Will Different from a Standard Will in Ontario?

In Ontario, if a person dies without a will (intestate), their estate will be distributed according to the Succession Law Reform Act, which follows a default legal formula that does not recognize Islamic inheritance principles.

For example, estates may be divided equally among children regardless of gender, and some heirs required under Islamic law, such as siblings or half-siblings, may not receive anything.

A standard Ontario will gives the testator (the person writing the will) full discretion over how their estate is divided. This flexibility can be helpful, but it also opens the door to decisions that conflict with Shariah, such as excluding rightful Islamic heirs, unequal distribution without religious justification, or prioritizing individuals or institutions outside the Islamic framework.

Aligning with Shariah and Ontario Law

An Islamic Will, when properly drafted, aligns both with Ontario law and with Islamic principles. It respects the fixed Qur’anic shares for heirs as detailed in Surah An-Nisa (verses 11, 12, and 176), ensuring that each entitled individual receives their rightful portion.

It also includes the appointment of an executor who is responsible for administering the estate in accordance with both legal and religious duties. However, it’s important to note that executors are bound by Ontario law, and in cases of conflict, their legal obligations take precedence.

Where applicable, the will may designate a guardian for minor children, along with instructions for managing their inheritance until they reach adulthood.

In addition, an Islamic Will enables the testator to allocate up to one-third of their estate (Wasiyyah) to individuals or causes not otherwise entitled under Faraid, such as extended relatives, close friends, or charitable initiatives. Under Islamic law, this discretionary one-third may not be allocated to Qur’anic heirs unless the other heirs consent after the testator’s death. While Ontario courts will not enforce this religious requirement, it is still an important element of faith-based estate planning.

The will also ensures that debts and outstanding religious obligations, including unpaid zakat, missed fasts, or unpaid mahr, are settled before any distribution takes place.

Legal Limits on Testamentary Freedom in Ontario

While Ontario law gives individuals wide freedom to decide how their assets are distributed after death, that freedom is not absolute. Even if a will is valid and Shariah-compliant, certain legal rights under the Succession Law Reform Act and Family Law Act can override its terms.

Dependants’ Right to Support (SLRA, Part V)

Under the Succession Law Reform Act, specific individuals, including surviving spouses, minor children, dependent adult children, and sometimes other financially dependent persons, can apply to the court for support from the estate if they believe they were not adequately provided for in the will.

This applies even if the distribution follows Faraid and meets religious expectations. If a court determines that the testator did not fulfill their legal obligation to support dependents, it can vary the will and redistribute assets accordingly.

SLRA Reference: [s. 58–62, Succession Law Reform Act, R.S.O. 1990, c. S.26]

Spousal Election Under the Family Law Act (FLA, s. 5)

In addition to support rights under the SLRA, married spouses (not common-law partners) have the right to choose between what the will provides or make an election under the Family Law Act to receive equalization of net family property — a financial settlement similar to a divorce.

This election must be made within six months of the spouse’s death, and if taken, it could significantly change how the estate is divided, possibly displacing Faraid-based allocations.

FLA Reference: [s. 5, Family Law Act, R.S.O. 1990, c. F.3]

Why This Matters for Islamic Wills

If your Islamic Will distributes assets strictly according to Faraid, it may not align with Ontario’s requirements to support a surviving spouse or dependants. As a result, the will, even if legally valid, may be challenged and altered by the court.

Careful legal drafting is essential to balance religious obligations with statutory requirements, and to reduce the risk of conflict or litigation after death.

Assets That Bypass the Will: Joint Ownership and Designations

Not all property you own is governed by your will. Certain types of assets pass outside the estate, and therefore may not follow your intended Islamic inheritance plan — even if clearly stated in your will.

Joint Ownership with Right of Survivorship

Assets held jointly with another person — such as a spouse or adult child — often include the right of survivorship. This means that upon death, the surviving joint owner automatically inherits full ownership, regardless of the will’s contents.

For example, a jointly held home or bank account will typically go to the surviving owner, even if the will says that asset should be divided among all heirs.

Registered Accounts and Beneficiary Designations

Registered financial assets like RRSPs, RRIFs, TFSAs, or life insurance policies with named beneficiaries also pass directly to those beneficiaries upon death and do not form part of the estate unless the estate is specifically named as the beneficiary.

This can create unintended disparities, such as one child receiving a large RRSP outside the estate while others inherit nothing through the will.

Clarifying Intent: Gift or Convenience?

In estate litigation, it is often disputed whether a jointly held asset was meant as a gift or simply held for convenience (e.g. to help pay bills). If your intention isn’t documented clearly, it may be presumed that the surviving joint holder inherits the asset fully — which may violate your Islamic distribution wishes.

Including clear statements of intention — and aligning ownership structures with your will — is critical to avoid undermining Faraid.

Best Practices for Legally Valid and Shariah-Compliant Wills

To ensure that your Islamic Will is enforceable in Ontario and aligned with Shariah:

• Work with a lawyer familiar with both systems: A qualified legal professional can help draft a will that respects Faraid while meeting Ontario’s legal requirements.
• Address dependants’ needs: Ensure that any spouse or dependent child is provided for in a way that satisfies the SLRA and avoids future claims.
• Clarify joint ownership arrangements: Determine whether joint assets are intended to be gifts or held for estate administration purposes.
• Document religious intent: Include explanatory clauses in the will to demonstrate your religious motivations. While courts must apply Ontario law, such statements may help interpret ambiguous clauses or resolve disputes over the testator’s intent.
• Update regularly: Life events like marriage, divorce, or the birth of children should trigger a will review.

How Nihang Law Can Help

An Islamic Will that aligns with both Shariah and Ontario law is not only possible but essential. While Ontario offers freedom of testamentary disposition, that freedom is not unlimited. Courts can override wills that fail to meet the legal rights of dependants or ignore formalities.

By carefully planning and seeking professional guidance, you can create a will that honours your faith, protects your family, and stands up in court. At Nihang Law, we specialize in crafting Islamic Wills that meet the highest standards of both legal validity and religious integrity.

Start planning today. Protect your legacy in this life and the next.