His mother takes two pensions against state rules Fatwa No: 216580
- Fatwa Date:9-9-2013
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.
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, sallallaahu ‘alayhi wa sallam, 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.