Assalamualaykum wa rahmatullahi wa barakatuhu, I previously worked at two companies and it is compulsory for employers to pay money to a superannuation account in my country, so there were two accounts set up for me. I recently really needed access to this money under hardship as my son needs medical therapies which we are struggling to afford. I saw a fatwa that said the money is halal except anything that was gained through investments so you just need to get rid of any money that was gained. So I took out the funds, but in order to do so I needed to change the superfund company as it was extremely hard to take out under hardship with that company, so I moved the funds into a different company that is known to make it easy. Will my money still be halal for me because I moved the funds to a different company with the intention to withdraw?
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
The money of a superannuation account (a super fund), including the profits of the investments by the company, is a gift to the employee and is halāl.[i]
The withdrawal of the money from a different company will remain halāl and permissible.
And Allah Ta’āla Knows Best
Muhammed Shafi
Student – Darul Iftaa
London, U.K.
Checked and Approved by,
Mufti Ebrahim Desai.
12-01-1441| 11-09-2019
[i] فتاوى دارالعلوم زكريا: 5/447
كفاية المفتي: 8/97
شرح مختصر الطحاوي للجصاص (3/ 148)
لأن القبض في الهبة شرط في صحة العقد، لا في بقاء الملك
مختصر القدوري (ص: 124)
الهبة: تصح بالإيجاب والقبول وتتم بالقبض