Category: Inheritance (Irth)
Fatwa#: 37100
Asked Country: South Africa

Answered Date: Oct 29,2016

Title: How should the pension and inheritance be distributed Islamically?

Question

Assalamu alaykum w. w.

Respected mufti saheb,

I request the distribution of the Tarakah of my wife.

She was a teacher at a school.According to the government employees pension fund(GEPF):1/3 lump sum is distributed to the children equally,then the 2/3 is given as a pension to the husband until he lives.

1)how should her estate be distributed?

2)how should the pension be distributed islamically?

She leaves behind:a husband,4 sons,2 daughters and both parents.

Jazakallahu khaira.

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

 

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• The Shar’i ruling herein given is based specifically on the question posed and should be read in conjunction with the question.

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According to the Islamic Law of Succession and Inheritance, distribution of an estate will only commence after funeral expenses, debts (including legal costs) and bequests (if any) made to non-heirs - which will not exceed one-third (1/3) of the Estate after debts and funeral expenses have been settled. Thereafter, all assets form part of the Net Estate and will have to be distributed according to the Islamic Law of Succession and Inheritance.

 

We are advised, the deceased, Bibi Ashiya Moola is survived by

  • husband,
  • mother,
  • father,
  • four (4) sons,
  • and two (2) daughters.

 

Her estate should be distributed as follows;

 

Beneficiaries

Shares

Share Percentage

Husband

6/24

25%

Mother

4/24

16.67%

Father

4/24

16.67%

Son 1

2/24

8.33%

Son 2

2/24

8.33%

Son 3

2/24

8.33%

Son 4

2/24

8.33%

Daughter 1

1/24

4.16%

Daughter 2

1/24

4.16%

Total

24 shares

99.98%

 

We require further information on the structure of the pension fund for us to be able to advise you. Did the deceased contribute to the fund? Was it compulsory on her to contribute or not?  

And Allah Ta’āla Knows Best

Saad Haque

Student Darul Iftaa
New Jersey, USA 

Checked and Approved by,
Mufti Ebrahim Desai.

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