Fatwa ID: 03965

Answered by: Maulana Javed ibn Nazir Kachhalia

Question

Assalamu alaikum Mufti Saheb,
 

As a worker in Britain, I pay towards a pension. If I pass away first, can my wife receive the pension or will this pension have to be distributed in accordance with shariah?
 

Jazakallah,
Wassalaam

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

In the name of Allah, the Most Gracious, the Most Merciful

Answer:

Wa alaikumus salaam,

I will, Insha’Allah, answer your question with a few important points. Also, I would advise you to read the fatwa about the pension that is on our website which will be very helpful Insha’Allah.

Regarding your query;

• If you pass away and die before your wife, the pension funds or savings will need to be added with all your assets or savings and then distributed according to Shariah[1]
• What you are allowed to do is, make your wife the owner of the pension funds or give the pension funds to her as a gift whilst you are alive. You won’t be allowed to write a will for her as she is one of the heirs, and in Shariah, we are not allowed to write a will for heirs as they will get their shares and portions.[2]

I would advise you to read the following fatwa regarding pension and its ruling, Insha’Allah you will find it very beneficial.

http://daruliftabirmingham.co.uk/pension-scheme/

Only Allah knows best

Written by Maulana Javed ibn Nazir Kachhalia

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham