Home » Hanafi Fiqh » Askimam.org » Pension Fund

Pension Fund

Answered as per Hanafi Fiqh by Askimam.org

AOA Mufti Sahab, 

I hope this email finds you in the best of health.  I was hoping you could help decipher some of my concerns.   I understand that you lead a very hectic life but I am in dire need of some guidance with regards to Islamic jurisprudence.  

 

My in-laws divorced about 13-14 years ago with witnesses and continue to meet in public etc, which I personally do not agree with. My mother in law still carries her married name because she states it is too difficult for her to change all her documents etc. In addition, since we are Canadians, she is also now receiving half her ex husband’s pension. I, personally, do not agree with a lot of her cultural yet unislamic practices yet I have kept quiet.  The reason this concerns me now is because we just our first child, a daughter, a few months ago. If this money is haraam, I do not wish for it to be used to buy things for my daughter. I’m a practicing Muslim and am a flawed soul myself but I try my best to follow the basic principles and pillars of Islam to the best of my ability. My mother in law reads a lot of Islamic books and is enrolled in a Madarasah back home in Pakistan but on more than one occasion, I have noticed how Islamic rules are manipulated for her benefit, either by emotional blackmail or by giving cultural customs more weightage. 

 

 

I was hoping you could provide guidance on this as I need something to validate my concerns.  My limited knowledge tells me that exes are completely na-mehram once the divorce is in effect and there is no need for them to be socializing.

 

 

I sincerely appreciate your time and assistance.  JazakAllah khair. 

Answer

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

As-salāmu ‘alaykumwa-rahmatullāhiwa-barakātuh.

You refer to three issues:

  • Your In-Laws (parents in Law) meeting in public despite being divorced.
  • Your mother in-law maintaining her maiden name.
  • Your mother in-law using the pension fund.

 

1) It is prohibited in Shariat for divorced couples to freely interact with each other. They are regarded as Ghair Mahram’s and they should observe Hijaab.

2) It is permissible for a female to keep her maiden name. There is no compulsion in changing one’s name after marriage.[1]

 3) If the pension fund was contributed by both spouses, then the fund can be shared between the two spouses after divorce as well. The Canada Pension Fund (CPF) is a government fund offered to citizens of the country to fulfil the needs of its citizens. It will be permissible to take benefit from such a fund. There is a Canada Pension Plan (CPP) where both spouses contributed and share the benefits to such a fund. This fund can also be shared between spouses even though one of the two spouses never contributed to the fund. If divorce takes place, then too the benefits can be shared. [2]

And Allah Ta’āla Knows Best

Mahmood Suliman

Student – Darul Iftaa

Gaborone, Botswana

Checked and Approved by,

Mufti Ebrahim Desai.

 

28-12-1440| 30-08-2019

 

 

 


[1]

اب ك مساءل 721

 

 

[2]

https://www.canada.ca/en/services/benefits/publicpensions/cpp/cpp-split-credits.html

 

 

This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

Read answers with similar topics: