Fatawaa

Subject : How to Distribute the Financial Benefits of Solidarity Funds among Beneficiaries
Fatwa Number : 3741
Date : 22-01-2023
Classified :
Fatwa Type : Search Fatawaa

Question :

I have subscribed in the Solidarity Fund of the Jordanian Constructions Contractors Association and specified the beneficiaries, in the event of my death, as "My children." Does the word "Awladi/My Children" encompass males and females? Should the benefits be divided amongst them equally or in accordance with the rules of Sharia?



The Answer :

All perfect praise be to Allah the Lord of the Worlds. May Allah`s peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

The general rule is that solidarity funds are a form of cooperation and benevolence amongst the subscribers, not a commutative contract, since a subscriber may become entitled to a compensation upon meeting all the conditions, some compensation or no compensation in case of failure to meet all the conditions. If the subscriber specified the beneficiary as "Awladi/My children" without restrictions, then this word includes both males and females. However, if he, in the text of the document, restricted "Awlad/My children" by saying "My male children" or "My female children" then the benefits of the solidarity fund go to the specified gender.

As for the division of these financial benefits, if the subscriber haven`t specified a certain form, then males and females get equal shares. In addition, this amount can`t be divided according to the rules of inheritance (The male gets twice the share of the female) because the subscriber hadn`t taken possession of that sum before he died. Not only that, but also this amount is a financial assistance offered by the solidarity fund to the beneficiaries specified by the subscriber.

In conclusion, the financial benefits of the solidarity fund should be equally distributed amongst the subscriber`s children unless the subscriber stipulated otherwise. And Allah the Almighty knows best.






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