Death in Service Benefit Fatwa No: 536374
- Fatwa Date:2-9-2026
My brother died while employed in the UAE. My question is only about the employer-funded death-in-service benefit (no salary deductions). He nominated me 100%, though he could have nominated his estate or Sharia heirs. Is this benefit part of his estate to be distributed under Sharia, or does it belong to the nominee? I ask because an unverified claim of a second wife and children has arisen. I dont know them and i am obliged to pay this to his wife and daughters whom I know
All perfect praise be to Allah, the Lord of the worlds. I testify that there is none worthy of worship except Allah and that Muhammad is His slave and Messenger.
This benefit related to death during service, which the employer grants – if it is not deducted from the salary, as you mentioned – then it is either explicitly stipulated in the agreed-upon contract as one of your brother's entitlements, in which case it enters into his estate and becomes a right belonging to all the heirs, each according to their share.
Or, this benefit may simply be a grant from the employer on account of your brother's death, in which case it is up to the employer to determine who is the recipient and beneficiary of this benefit, and it belongs exclusively to that person, to the exclusion of others.
We alert the questioner to the fact that your being named by your brother – before his death – to receive the benefit does not necessarily mean that the benefit is yours; for he may have named you for other reasons, such as ease of communication with you, for example, or something similar – unless it is explicitly stated that it is for you, in which case it would constitute a bequest (wasiyyah). It would then need to be examined: are you an heir or not? And does the benefit exceed a third of his estate or not? These are details that require consulting scholars in person where you are.
As for what you mentioned regarding an unconfirmed claim of the existence of a second wife and children from her, you must verify this claim so that each rightful person is given his due, and so that no one is wronged. We advise you to refer to Islamic centers that adjudicate such matters, or anybody that functions in place of Sharia courts in your country.
Allah Knows best