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FatwaNegeri SembilanInheritance, Wills & Gifts

Wang pampasan

Is compensation money from an accident or death claim part of the deceased's estate that must be divided under faraid?

Short answer

Compensation received because of a death, including compensation through court claims and SOCSO payments, is not part of the deceased's estate (tarikah).

Negeri SembilanOpinion (irsyad)

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

Authority
Negeri Sembilan Mufti Department
Status
Opinion (irsyad)
Series
Soal Jawab Agama
Topic
Inheritance, Wills & Gifts

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

Summary

Compensation received because of a death, including compensation through court claims and SOCSO payments, is not part of the deceased's estate (tarikah). The nominee or recipient may spend the money as they wish, whether for themselves or by giving it to others. It does not need to be divided under faraid. This follows the 49th Muzakarah of the National Fatwa Committee on 19 September 2000.

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

Muzakarah telah memutuskan bahawa wang pampasan yang diperolehi dari kematian pekerja, wang pampasan melalui tuntutan mahkamah, wang SOCSO dan seumpamanya tidak dianggap harta pusaka.

Excerpt from the original fatwa · Negeri Sembilan

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Negeri Sembilan Mufti Department. “Wang pampasan”, date not stated. https://muftins.gov.my/soaljawab/wang-pampasan/. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/is-compensation-money-part-of-estate/

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