What do the scholars and experts of shari’ah say regarding my situation? We have established a Hajj and Umrah fund for the workers of our company. The capital of the fund is based on contributions from the workers which will be deducted from their monthly salary at a rate decided with their consent. The company also pays a small amount annually as social contribution to the workers. It should be noted that 35% is given to a worker going for Hajj or Umrah and 20% to the accompanying person as a non-refundable donation and those who have benefited from this service pay the rest in instalments. It is not a condition that all participants will benefit from this service as the number of opportunities is limited. Selection is done by raffle.
The question is, if a member dies without benefiting from this service, will the amount paid by him be fully taken from the fund and given to his heirs, or can some deduction be made from it? Or will they not be paid at all? Likewise, if one reaches retirement age; Is it permissible to not pay him either?
All praise be to Allah ﷻ and peace and blessings be upon the Messenger of Allah ﷺ and his Companions.
From the scenario presented the member will or will not receive a pay out upon death, or retirement based on what was stipulated and agreed in the contract. If this has not already been agreed upon, then the company and workers should also place this clause of what will happen upon to the contributions of the person who has passed away or retired but not yet made the Hajj or Umrah journey. This will ensure transparency between the company and workers and remove any chance of fraud or corruption.
Allah ﷻ knows best
This fatwa is written by Dr. Hafiz Muhammad Munir Al-Azhari