Wives' right to the government retirement benefit: is it Syariah compliant or subject to fara`id distribution?

The government retirement scheme is provided primarily as a financial facility for the pensionable government officers and their dependants upon retirement. However, the question whether it is subject to the fara’i distribution after the Muslim pensioner’s death is debatable. The current position i...

Full description

Bibliographic Details
Main Author: Abdullah, Mohamad Asmadi
Format: Article
Language:English
Published: Serials Publications 2012
Subjects:
Online Access:http://irep.iium.edu.my/30548/
http://irep.iium.edu.my/30548/
http://irep.iium.edu.my/30548/1/6-Islamic_Law_Review_on_Wives_Right_to_the_retirement_Benefit.pdf
id iium-30548
recordtype eprints
spelling iium-305482014-03-24T02:16:48Z http://irep.iium.edu.my/30548/ Wives' right to the government retirement benefit: is it Syariah compliant or subject to fara`id distribution? Abdullah, Mohamad Asmadi KBP1 Islamic law.Shariah.Fiqh The government retirement scheme is provided primarily as a financial facility for the pensionable government officers and their dependants upon retirement. However, the question whether it is subject to the fara’i distribution after the Muslim pensioner’s death is debatable. The current position is rather confusing because of the differences of opinion among Muslim scholars regarding whether or not the scheme is heritable upon death. Some jurists are of the view that the Malaysian Government’s current implementation of this scheme by imposing strict rules regarding the entitlement of specific persons including the surviving wife to the benefits after the death of a pensionable officer does not meet the Syariah (This the Malay version of the word Shari‘ah) principles, whereas according to others it does. This research is an attempt to analyse the related issues of the scheme in order to answer the question regarding its heritability in the case of Malaysia. The difference of opinion of Muslim scholars on this issue is examined. It has been observed that, unfortunately, most of these opinions are not based on convincing facts, and, furthermore, are not informative enough to provide Muslims an in- depth understanding of the verdicts. Serials Publications 2012-01 Article PeerReviewed application/pdf en http://irep.iium.edu.my/30548/1/6-Islamic_Law_Review_on_Wives_Right_to_the_retirement_Benefit.pdf Abdullah, Mohamad Asmadi (2012) Wives' right to the government retirement benefit: is it Syariah compliant or subject to fara`id distribution? Journal of Islamic Law Review, 8 (1). pp. 127-146. ISSN 0973-2918 http://www.serialspublications.com/journals1.asp?jid=393&jtype=
repository_type Digital Repository
institution_category Local University
institution International Islamic University Malaysia
building IIUM Repository
collection Online Access
language English
topic KBP1 Islamic law.Shariah.Fiqh
spellingShingle KBP1 Islamic law.Shariah.Fiqh
Abdullah, Mohamad Asmadi
Wives' right to the government retirement benefit: is it Syariah compliant or subject to fara`id distribution?
description The government retirement scheme is provided primarily as a financial facility for the pensionable government officers and their dependants upon retirement. However, the question whether it is subject to the fara’i distribution after the Muslim pensioner’s death is debatable. The current position is rather confusing because of the differences of opinion among Muslim scholars regarding whether or not the scheme is heritable upon death. Some jurists are of the view that the Malaysian Government’s current implementation of this scheme by imposing strict rules regarding the entitlement of specific persons including the surviving wife to the benefits after the death of a pensionable officer does not meet the Syariah (This the Malay version of the word Shari‘ah) principles, whereas according to others it does. This research is an attempt to analyse the related issues of the scheme in order to answer the question regarding its heritability in the case of Malaysia. The difference of opinion of Muslim scholars on this issue is examined. It has been observed that, unfortunately, most of these opinions are not based on convincing facts, and, furthermore, are not informative enough to provide Muslims an in- depth understanding of the verdicts.
format Article
author Abdullah, Mohamad Asmadi
author_facet Abdullah, Mohamad Asmadi
author_sort Abdullah, Mohamad Asmadi
title Wives' right to the government retirement benefit: is it Syariah compliant or subject to fara`id distribution?
title_short Wives' right to the government retirement benefit: is it Syariah compliant or subject to fara`id distribution?
title_full Wives' right to the government retirement benefit: is it Syariah compliant or subject to fara`id distribution?
title_fullStr Wives' right to the government retirement benefit: is it Syariah compliant or subject to fara`id distribution?
title_full_unstemmed Wives' right to the government retirement benefit: is it Syariah compliant or subject to fara`id distribution?
title_sort wives' right to the government retirement benefit: is it syariah compliant or subject to fara`id distribution?
publisher Serials Publications
publishDate 2012
url http://irep.iium.edu.my/30548/
http://irep.iium.edu.my/30548/
http://irep.iium.edu.my/30548/1/6-Islamic_Law_Review_on_Wives_Right_to_the_retirement_Benefit.pdf
first_indexed 2023-09-18T20:44:43Z
last_indexed 2023-09-18T20:44:43Z
_version_ 1777409598498537472