Question:
Wasalam
Jazakallah khayra.
The benefit with both names is 50% each. Should it not be deducting that amount and distributing the rest?
Answer:
In the name of Allah, Most Compassionate, Most Merciful,
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
Muhtaram Moulana Ishaq Sahib (Hafidhakallah)
We hope and make Dua you are well. Allah Ta’ala accept all your Khidmaat. Ameen.
Based on the figures you have presented, 50% of the pension credit equates to £21,976.50. This is your mothers share from the pension credit.
However, as it is not possible to determine the exact proportion of your mother’s share (£21,976.50) used in the loan, the method you are suggesting would be inaccurate to use.
This is because one cannot ascertain that the full £21,976.50 was used in the loan. It is possible that an amount less than the £21,976.50 was used in the loan as portions of your mother’s share may have been withdrawn from the account. Furthermore, it is also possible that the full amount of the loan (£61,118) was loaned to you only from your fathers share of the account.
Accordingly, using the method of deducting 50% of the pension credit (£21,976.50) from £61,118 and thereafter distributing the rest (£39,141.50) may be tantamount to infringing the rights of the heirs to a higher amount of inheritance (more than £39,141.50).
It was for this reason that we advise you to discuss the issue with your mother and all siblings and mutually decide on the best course of action.
