Fatwa ID: 08381

Written by: Alimah Aisha Qureshi

Question:

I am currently working two jobs, however my first job has written in my contract that I agree to inform them if I undertake any additional employment paid or unpaid. I have not let them know yet of my second job as I have only had it for a month. I am fulfilling all responsibilities and carrying out all duties expected of me in my first job. does me not following the part of my contract stated above make my income from the first job haram? 

If it is haram, do I need to do anything aside from making Tawbah?

In the name of Allah, the Most Gracious, the Most Merciful

Answer:

You’re asking whether not informing them renders your income haram, and what is needed in terms of tawbah or rectification.

Income becomes haram if:

The work itself is haram (e.g., gambling, alcohol, etc.) The method of earning involves fraud, deception, or breach of trust. You are being paid for duties you are not fulfilling In your case: The work is halal You are fulfilling your duties completely You are not deceiving them in terms of performance The only issue is not informing them of your second job, which is a violation of contract terms, but it is  not necessarily fraud or deception, if it does not harm them or cause breach of trust. Therefore, according to most Hanafi scholars, your income is not haram, as long as:

You are not lying about your availability.

In Islamic contract law (ʿuqūd), the conditions you agree to—unless they contradict Shari’ah—are binding. Not informing them is a violation of a condition, and this requires tawbah, but does not invalidate your wage unless the work itself is compromised.

Make sincere tawbah:

Admit the mistake before Allah Resolve not to repeat it Intend to inform your employer moving forward (if possible)

Inform your employer now if it is possible and wise to do so, if there are no serious consequences, it is better to fulfil the condition now to clear your conscience. You do NOT need to return any wages, because your wage was earned through actual, lawful work. If you continue hiding it knowingly with harm or deception, then it becomes questionable, and action may be required.

References:

الْأُجْرَةُ تُسْتَحَقُّ بِأَحَدِ مَعَانٍ ثَلَاثَةٍ إمَّا بِشَرْطِ التَّعْجِيلِ، أَوْ بِالتَّعْجِيلِ أَوْ بِاسْتِيفَاءِ الْمَعْقُودِ عَلَيْهِ فَإِذَا وُجِدَ أَحَدُ هَذِهِ الْأَشْيَاءِ الثَّلَاثَةِ فَإِنَّهُ يَمْلِكُهَا

Fatawa Hindiya Vol 4 Pg 413 Maktaba Shamila

Only Allah knows best.

Written by Alimah Aisha Qureshi

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham