Sunday, September 15, 2013

Fathwa, - His mother takes two pensions against state rules

Question
My Parents, Both Father and Mother were Govt Employed My Father died
after retirement. Now my mother is taking his Pension and also she is
getting her pension. According to Karnataka state Govt. she can,t take
both pension, in islam she can take pension of both.
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify
that there is none worthy of worship except Allaah, and that Muhammad,
is His Slave and Messenger.
If the pension that the government pays after a person's death is an
aid from it, not one of the rights of the dead person, then it is
obligatory to abide by what the granting authority defined. So, if it
stated that it is to be given to his wife who does not work and his
children who are minors, then it is not permissible for your mother to
take that pension if she works because she does not meet the condition
of the aid. If she takes the aid in this case, then she has consumed
the money of the government unjustly while Allaah The Almighty says
)what means(: }And do not consume one another's wealth
unjustly.{]Quran 2:188[
On the other hand, if the money that the government pays is due money
of the dead person such as the case when the government deducts it
from his salary while he is alive to be given to him at the end of his
service, then that money is an inheritance that should be divided
among the heirs and there will be no blame on your mother if she takes
it, even if she works and has a salary.
Allaah Knows best.

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