Fatwa ID: 02035
Answered by Molana Eunus Ali
Hazrar, I ask this question on behalf of a cousin of mine.
Many years ago he used to work for a Car insurance company he was responsible for generate quotes for customers who were wanting to insure their car for the company he used to be working with.
Whilst there he tool extended "sick" leave from work due to issues with his back. He was able to get a doctor's note to confirm this was the case. However, he got a little too relaxed and prolonged the leave longer than necessary. Basically he was fit enough to go back to work much earlier, but continued lie to his employer that his back was still
troubling him, and to his doctor, so he could get more medical claims to
support his deceitful claim.
Question is as follows:
1) Is he required to pay ALL the money he had been paid during his sick leave from the point when he knew he should/could back to work back to his employer?
2) What, if he can't work out exactly how much month's salary he been paid as this goes back quite a few years.
3) Is he also expected to pay all the money back ever earned from working there (15 years) since insurance itself is haram? That's almost £200, 000.
Abu Hurairah narrates "The Messenger of Allah (ﷺ) passed by a man who was selling food. He put his hand in it and saw that there was something wrong with it. The Messenger of Allah (ﷺ) said, 'He is not one of us who cheats."' (SunanIbnMajah: 2309)
Abdullah narrates that the Prophet stated “A banner will be set up for every traitor on the Day of Resurrection, and it will be said: ‘This is the treachery of so-and- so.” (SunanIbnMajah: 2982)
It is evident from the above mentioned Ahadith that deception and betrayal is prohibited in Islam and be avoided at all times.
As the money was acquired through a haram method, it must be returned or given in charity.(RaddulMuhtar, volume 9, page 553-554. Dar ulKutubulIlmiyyah)
If it possible to attain the exact amount of the pay by accessing previous record etc that should be paid back or a calculated estimate should be made of the amount, taking the time taken off and the standard sick payment rate of the company in to consideration.
As mentioned above, any money attained through haram means need to be returned to the person if possible, otherwise should be given in charity. Therefore, an effort needs to be made to pay as much as possible of the amount earned through haram means.
Along with the repayment of the both of the amounts, sincere repentance is also necessary.
Abu ‘Ubadah bin ‘Abdullah narrates, that his father said:“The Messenger of Allah (ﷺ) said: ‘The onewho repents from sin is like one who did not sin.’” (SunanIbnMajah: 4391)
It is narrated from Abu Hurairah that the Prophet (ﷺ) said:“If you were to commit sin until your sins reach the heaven, then you were to repent, your repentance would be accepted.” (SunanIbn Majah:4389)
Only Allah knows best
Written by Eunus Ali
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham