Darulifta Ahlesunnat
(Dawateislami)
Question
What do the scholars of Islam say regarding the following matter: Who has
ownership of a pension issued after a person passes away?
بِسْمِ اللہِ
الرَّحْمٰنِ الرَّحِیْمِ
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ
الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
The sum of money given by
government departments, and some companies upon the death of their employees
under the name of ‘pension’, is not part of a salary and the deceased does not
have ownership of it. Rather, it is an award and gift from the government or
company. Therefore, it is not from the wealth of inheritance. It is in the
ownership of whomever the government or company issue it to.
If it is issued in the name of just one of the inheritors, then only
that individual has right over it (generally, if the deceased’s wife is alive,
it is issued in
her name, and she will become its owner). The remainder of the inheritors do
not have a right to it. Apart from the widow, if amounts are issued on the
names of other specific inheritors, they will have the right to that amount and
will become its owners.
The Imam of the Ahl al-Sunnah, Imam Aḥmad
Razā Khan رَحْمَةُ
الـلّٰـهِ عَلَيْه
states:
According to clear scholarly explanations, the post and pension are also
not inherited, after the death of the designated person, the one nominated by
the office bearer deserves it and the remaining inheritors will not. It is
mentioned in Fatḥ al-Qadīr
and Radd al-Muḥtār:
العطاء صلۃ فلا یورث و
یسقط بالموت
“A grant is a gift; it is not inherited and ceases upon death.”
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَرَسُوْلُہ
اَعْلَم صَلَّی اللّٰہُ تَعَالٰی عَلَیْہِ
وَاٰلِہٖ وَسَلَّم
Answered By: Mufti Fuzayl Raza Attari
Ref No: FMD-2851
Date: 29th Rajab
al-Murajjab 1443AH/3rd March 2022
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