I have signed up for a mutual support (takaaful) fund through an Islamic bank. In the event of my death, a sum of money will be paid from the takaaful fund by the bank to help my family, but I have the right to decide the names of those who will benefit from this financial help after my death. Please note that my father is deceased. Is it Islamically permissible for me to nominate one of the heirs to receive the entire amount himself, such as nominating my full sister to receive the entire amount herself, as I have previously read that the money from the takaaful fund is not regarded as part of the estate?
Praise
be to Allah
If someone signs
up for takaaful (mutual support) insurance that pays out a sum of money when
he dies, this wealth belongs to his heirs, because it is wealth that came
into the possession of the deceased upon his death because of measures that
he took during his lifetime. Therefore it is to be regarded as part of his
estate.
In al-Mawsoo‘ah
al-Fiqhiyyah (11/208) it says: ash-Shaafa‘i stated that the estate
includes anything that came into the possession of the deceased after his
death as a result of some measures that he took during his lifetime, such as
fish that fell into a net that he set up during his lifetime, because his
setting up of the net for the purpose of catching fish is the reason for the
fish coming into his possession. The same applies if he died and left behind
wine that turned into vinegar after he died. End quote.
See: Asnaa
al-Mataalib (3/3); Tuhfat al-Muhtaaj (6/382)
This financial
aid or compensation is because of measures taken by the deceased (before his
death).
Dr. Husaam
ad-Deen ‘Affaanah (may Allah preserve him) said: If the financial
compensation is given by insurance companies in cases of murder, then this
wealth is like the diyah (blood money), so it is to be divided according to
the Islamic laws of inheritance.
It should be
noted that if the insurance company pays compensation in cases of murder or
killing, or the state courts (that is, non-sharee‘ah courts) issue a decree
to that effect, and the court states that it is to be distributed on the
basis of equal shares for both males and females, or the manner of
distribution is contrary to the Islamic rulings on inheritance, then it must
be redistributed according to the rulings of Islamic sharee‘ah.
Whoever does not
do that, when he is aware of the shar‘i ruling, is a sinner, according to
Islamic teachings.
End quote from
Based on that:
There is nothing
wrong with registering the name of one heir, if the purpose of doing so is
simply that the bank will pay the money to that person and the role of that
heir is to receive the money from the bank, then put it with the rest of the
estate so that it may be distributed to all the heirs. But this should be
written in your will.
You should also
take precautions to safeguard the rights of the other heirs, so that the one
whose name is recorded as the recipient of the money will not be able to
keep all the compensation for himself or to dispose of it in a manner that
is contrary to the Islamic teachings on division of the estate.
If you can
register the names of all the heirs, or not write the name of any of them,
without that impacting anyone’s rights, whilst allowing for those who are
entitled to it to obtain the money that they are entitled to after you die,
then that is more appropriate and more prudent.
But if you write
the name of one of the heirs so that he may receive all of the money, then
it is not permissible to do that except with the permission of the other
heirs, because “there is no bequest to an heir, unless the other heirs
agree.”
See also the
answers to questions no. 23300 and
217207.
And Allah knows
best.
