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Fatwa CenterPost-mortem work benefits part of estate
Question
Assalaamu alaykum dear Brothers and Scholars. My question is the following: my governemental organization compels their employees to select only their wife as next of kin if they are married; however, they can select their parents as next of kin if they are not. So in case one of their employees passes away, the next of kin gets a financial advantage as per official ruling. The question is whether this benefit should be divided as per the sharia or as per the official ruling. The second question is the following: if a sister gets her share in the inheritance and her brothers take hold of this share in favor of their sister so that they can use this share for her; can they do so according to the sharia? The reason is that past experience has shown that her husband may ruin her share and not give her a single peny. May Allaah reward you.
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 such financial advantages are one of the employee's rights that the employer or organization is obliged to give to the employee, i.e. they are really the employee’s benefits that are deducted from his salary or one of his rights under the employment contract, then they are considered part of the employee’s estate after his death and should be divided between the heirs according to the sharee'ah, because since it is the right of the employee, it is part of his wealth.
The Fiqh Encyclopedia reads about inheritance, "It (inheritance) includes all what the deceased has left of wealth and rights."
Therefore, those privileges (benefits) are considered inheritance that is transferred to his heirs after his death, and the person (before his death) or his employer are not entitled to reserve this right to one of his heirs apart from the other heirs, because the division of inheritance is determined by the sharee'ah.
In case it was not his right but only a gift from the organization, then it is for those whom the organization specifies. If it specifies the wife in regard to married men, then it is for her, and if it specifies the parents for those who are unmarried, then it is for them.
As for the sister, if she is adult and of sound mind, then none of her brothers is entitled to prevent her from disposing of her share as she wishes. They must enable her to take her right as long as she is adult and has a sound mind. If her husband takes her money by force and does not give her anything of it, then he is a transgressor, and he is sinful. She may take the matter to an Islamic Court and the like, or she can deposit her money with a trustworthy brother, but they (her brothers) must not prevent her from disposing of her money as she wishes.
Allaah knows best.
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