A well-known principle of Islamic estate planning is that a person may generally bequeath up to one-third of their estate to recipients who are not fixed heirs, or to charity. This is often called the one-third rule, and it provides a limited but meaningful degree of flexibility alongside the fixed shares of Faraid.
What the one-third can be used for
The permitted bequest lets a person direct part of their estate to people or causes that the fixed shares would not otherwise reach. Common examples include:
- A gift to a grandchild who is not a fixed heir (for instance, where a parent of that grandchild has predeceased).
- A gift to a non-Muslim relative or a friend who would not inherit under Faraid.
- A charitable gift — often described as sadaqah jariyah, a continuing charity whose benefit endures.
How it fits with the fixed shares
The one-third is carved out first (after debts and funeral expenses), and the remaining estate is then distributed among the fixed heirs according to Faraid. In other words, the permitted bequest and the fixed shares work together: the bequest is capped so that it cannot displace the heirs' entitlements beyond the allowed portion.
Bequests to existing heirs
A frequently discussed point is that a bequest to someone who is already a fixed heir is treated differently, and is often subject to additional conditions or the consent of the other heirs, precisely because the fixed shares are meant to govern how heirs inherit. The details vary by school of thought, which is why scholarly guidance matters.
Turning the intention into a valid will
To be effective in Ontario, a permitted bequest — like the rest of the plan — must be expressed in a will that meets provincial requirements. Working with a lawyer ensures the bequest is drafted clearly and validly, while a scholar confirms it is consistent with Islamic principles and correctly limited.
For education only. Application varies by school of thought and by the facts — consult a qualified scholar for how the one-third and any bequest apply to your situation.
This article is general information for educational purposes only and is not legal advice. For advice on your situation, book a consultation.