Question Summary:
How should the pension and inheritance be distributed Islamically? Question Detail:
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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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;
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Beneficiaries
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Shares
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Share Percentage
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Husband
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6/24
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25%
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Mother
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4/24
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16.67%
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Father
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4/24
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16.67%
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Son 1
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2/24
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8.33%
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Son 2
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2/24
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8.33%
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Son 3
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2/24
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8.33%
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Son 4
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2/24
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8.33%
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Daughter 1
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1/24
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4.16%
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Daughter 2
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1/24
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4.16%
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Total
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24 shares
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99.98%
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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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