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Money Due to Subscribers of Takaful Funds is a Gift and doesn`t Undergo the Rulings of Inheritance

Answered according to Shafi'i Fiqh by Darul Iftaa Jordan
Is the money paid by the Takaful Funds of the syndicates in case of a subscriber`s death considered from his estate where it can be divided amongst his heirs? Or can it be placed in the possession of certain heirs after his death, and isn`t considered a part of his wealth? Is it permissible for the syndicate to pay that money to a particular heir upon the request of the deceased?

Answer:
Praise be to Allah; and may his blessings and peace be upon our Prophet Mohammad.

Islamic Takaful funds are based on contributions and cooperation amongst a group of people who agree on paying specific sums of money as a gift to the fund in return for agreed upon sums in case of afflictions befalling any of them such as death, and such an act is recommended in Sharia. Almighty Allah says in the Holy Quran : “Help ye one another in righteousness and piety, but help ye not one another in sin and rancor. “{Al-Maida/2}. The sums paid to the subscribers from the fund are also a gift and remain as such regardless of them being conditioned and specified.

Therefore, the money due to the specified persons is considered a gift from the fund and doesn`t undergo the rulings of a bequest, or inheritance according to Sharia. As a result, there is no harm in giving the Takaful money to some heirs because it has come out of the deceased`s possession upon its payment to the fund, and hasn`t got into his possession upon his death; rather, it is to be given in line with the conditions and the regulations stipulated by the fund. And Allah knows best.

This answer was collected from the official government Iftaa Department of Jordan.

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