Fatwa Explorer

Fatwa #4306912 September 2019Australia

Superannuation

Question

Assalamualaykum wa rahmatullahi wa barakatuhu, I previously worked at two companies and it is compulsory for employers to pay money to a superannuation account in my country, so there were two accounts set up for me. I recently really needed access to this money under hardship as my son needs medical therapies which we are struggling to afford. I saw a fatwa that said the money is halal except anything that was gained through investments so you just need to get rid of any money that was gained. So I took out the funds, but in order to do so I needed to change the superfund company as it was extremely hard to take out under hardship with that company, so I moved the funds into a different company that is known to make it easy. Will my money still be halal for me because I moved the funds to a different company with the intention to withdraw?

Answer

In the Name of Allah, the Most Gracious, the Most Merciful. 

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh. 

The money of a superannuation account (a super fund), including the profits of the investments by the company, is a gift to the employee and is halāl.[i]

The withdrawal of the money from a different company will remain halāl and permissible.

And Allah Ta’āla Knows Best

Muhammed Shafi

Student - Darul Iftaa

London, U.K. 

Checked and Approved by, 

Mufti Ebrahim Desai. 

12-01-1441| 11-09-2019


[i] فتاوى دارالعلوم زكريا: 5/447  

كفاية المفتي: 8/97

شرح مختصر الطحاوي للجصاص (3/ 148)

لأن القبض في الهبة شرط في صحة العقد، لا في بقاء الملك

مختصر القدوري (ص: 124)

الهبة: تصح بالإيجاب والقبول وتتم بالقبض

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