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FatwaFederal TerritoriesInheritance, Wills & Gifts

AL-KAFI #1280: WANG PAMPASAN ATAU HIBAH BAGI KEMATIAN BUKAN HARTA PUSAKA

Is a death compensation payment from an employer or takaful considered part of the deceased's estate that must be divided by faraid, and may it be given to the employee's mother if the father declines it?

Short answer

Death compensation paid for an employee, including takaful benefits, is not part of the estate and need not be divided under faraid.

Federal TerritoriesOpinion (irsyad)

A reference, not a fatwa. First sentence of the summary below — read the original fatwa and consult your state authority before acting.

Authority
Federal Territories Mufti Office
Date
Status
Opinion (irsyad)
Series
Al-Kafi li al-Fatawi
Topic
Inheritance, Wills & Gifts

No evidence of gazettement in the source — this is not a gazetted fatwa.

Summary

Death compensation paid for an employee, including takaful benefits, is not part of the estate and need not be divided under faraid. This follows the resolutions of the Bank Negara Shariah Advisory Council and the National Fatwa Committee that such payments do not form part of the inheritance. Any agreement on a nominee is to be honoured. If the nominee declines and suggests another person, the company should consider and respect that suggestion.

Written in our own words from the original fatwa — check the source before acting on it.

Pihak syarikat berhak untuk memberikan wang pampasan tersebut mengikut cara dan kepada siapa yang difikirkan layak.

Excerpt from the original fatwa · Federal Territories

Read the full fatwa on the Federal Territories website (new tab)

How to cite

Cite the original fatwa and its authority. Rujuk Fatwa is only where you found it.

Federal Territories Mufti Office. “AL-KAFI #1280: WANG PAMPASAN ATAU HIBAH BAGI KEMATIAN BUKAN HARTA PUSAKA”, 6 June 2019. https://muftiwp.gov.my/ms/artikel/al-kafi-li-al-fatawi/3465-al-kafi-1280-wang-pampasan-atau-hibah-bagi-kematian-bukan-harta-pusaka. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/death-compensation-not-part-of-estate/

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Evidence cited

Quran verses

  • Al-Ma'idah 5:2

Books

  • al-Fiqh al-Manhaji

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