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Pension received after the demise of the deceased

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: Does a lump sum of a pension payable to the children of a deceased form part of the estate? I have tried finding answers and keep getting conflicting answers. The reasoning for not forming part of estate is that it is not owned by the deceased as it is given to the beneficiaries upon the death of deceased. While the deceased lives he/she receives the pension on a monthly basis. The deceased himself cannot collect the lump sum as it is only payable to the beneficiaries. When looking on the web for answers most Islamic scholars state it as not being part of estate. Even in South African law Section 37c of pension fund states it as not being part of estate. I am confused and need guidance.

Bismillaah

A: Since the pension amount is acquired after the demise of the deceased, it will not form part of the estate.

And Allah Ta’ala (الله تعالى) knows best.

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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