The manner of dividing a grant afte...

Egypt's Dar Al-Ifta

The manner of dividing a grant after a person's death

Question

no. 94 for the year 2006 which includes the following:

A sports club employee passed away and was survived by a wife, two daughters, his parents, and one brother. He is entitled to employee benefits but not to pension. The club organized a soccer game in his honor the proceeds of which will go to his family i.e. his wife and two unmarried daughters who are still undergoing their studies and who do not receive a pension. Please inform us of the following:
• The manner of dividing the proceeds of the game.
• If his parents are entitled to receive [anything] from it.
• Whether they are only entitled to share in the employee benefits offered by the club.
 

Answer

It is established in Islamic law that an inheritance includes the property that a person leaves behind after his death and rights owed to him during his lifetime. The death of a person is the reason behind his heirs' entitlement to shares in his estate. Therefore, the time of death is the deciding factor in establishing whether a property is considered an inheritance or otherwise. Whatever the deceased owned before his death constitutes the inheritance after deducting any debts and bequests. What his family and relatives are entitled to after his death is not considered an inheritance and is the exclusive right of those for whom it is intended. This is because it was not owned by the deceased before his death.

The ruling

• The financial rights of the deceased owed by the club and to which he was entitled before his death constitutes an inheritance to all his heirs—each according to his share.
• Other rights allotted to the family and children of the deceased after his death belong solely to the designated recipients. The rest of the heirs who were not included in this allocation do not receive a share of the proceeds even if the game was intended as a tribute to the deceased.

Allah the Almighty knows best.

 

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