Fatwa ID: 08607
Written by Maulana Abdurrahman Mohammad
Question:
If a person dies after doing fraud with the government in order to receive grant benefits, is their soul suspended because it is a debt on their name, or are they regarded as a thief?
Can a person donate to the government as a voluntary donation rather than to wherever the funds came from because it is easier?
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
Deception and Fraud is Incorrect. It is incorrect to lie on government forms or commit fraud to receive undeserving grants or benefits. The Prophet (ﷺ) warned against deception, stating:
“He who deceives is not of me (is not my follower)”[1]
As Muslims, it is important for us to uphold our honesty and integrity, even when it comes to communal resources such as government funds. Deceiving the system to unjustly acquire what is not rightfully yours is a violation not only of country laws but also Islamic principles.
Debts in the Hereafter- Before entering Jannah, a soul must be purified of all sins, and all debts must be repaid whether they are repaid in this world or the Hereafter. If these debts are not resolved in this life, they will be addressed in the Hereafter, where punishment may follow. Allah’s Messenger (ﷺ) said:
Allah’s Messenger (ﷺ) said, “Whoever has oppressed another person concerning his reputation or anything else, he should beg him to forgive him before the Day of Resurrection when there will be no money (to compensate for wrong deeds), but if he has good deeds, those good deeds will be taken from him according to his oppression which he has done, and if he has no good deeds, the sins of the oppressed person will be loaded on him.”[2]
Even though government funds are communal property, this does not justify dishonest means to claim them. The principle of justice applies equally to all forms of wealth, whether from government benefits or even spoils of war. An example from the time of the Prophet (ﷺ) serves as a powerful reminder:
Abu Hurairah said “We went out along with the Apostle of Allaah(ﷺ) in the year of Khaibar. We did not get gold or silver in the booty of war except clothes, equipment and property. The Apostle of Allaah(ﷺ) sent (a detachment) towards Wadi Al Qura. The Apostle of Allaah(ﷺ) was presented a black slave called Mid’am. And while they were in Wadi Al Qura and Mid’am was unsaddling a Camel belonging to the Apostle of Allaah(ﷺ) he was struck by a random arrow which killed him. The people said “Congratulations to him, he will go to paradise. But the Apostle of Allaah(ﷺ) said “Not at all. By Him in Whose hand my soul is the cloak he took on the day of Khaibar from the spoils which was not among the shares divided will blaze with fire upon him. When they (the people) heard that, a man brought a sandal strap or two sandal straps to the Apostle of Allaah(ﷺ). The Apostle of Allaah(ﷺ) said “A sandal strap of fire or two sandal straps of fire.”[3]
Deriving Benefit From Usurped Wealth- Regarding inherited wealth or assets obtained through impermissible means, Islamic jurisprudence advises caution. If an heir knows that their predecessor acquired wealth through unlawful means, it is their responsibility to return it or dispose of it correctly. If they are unaware of the specifics, they should avoid benefiting from it and instead give it in charity on behalf of its rightful owners, with the intention of compensating those wronged. If the source of the wealth is known to be impermissible, it is impermissible for the heir to benefit from it, even if the exact owner cannot be identified. Raddul Muhtār and in Muniyat Al-Mufti it mentions:
A man died and the heir knows that his father used to earn in a way that is not permissible, but he does not know the specific request to return it to him. It is permissible for him to inherit. It is better for him to be pious [abstain] and give charity on behalf of his father’s opponents [litigants]. And likewise, it is not permissible if he knows the exact thing that was usurped, for example, even if he does not know its owner, because of what is in Al-Bazzaziyah, that his heir/bequether [one who is being inherited from] took it as a bribe or unjustly. If he knows that specifically, it is not permissible for him to take it, otherwise he may take it by law. As for religion, he gives it in charity with the intention of satisfying the litigants.
The conclusion is that if he knows the owners of the money, it must be returned to them. Otherwise, if he knows the specific nature of the forbidden money, it is not permissible for him and he should give it in charity with the intention of its owner. If it is mixed money that is collected from the forbidden money and he does not know its owners or any of it specifically, it is permissible for him by law. The best religiously is to abstain from it. In Al-Dhakhira: The jurist Abu Ja`far was asked about someone who He acquired his money from the princes of the Sultan, from forbidden fines, and other things. Is it permissible for someone who knows that to eat from his food? He said: What is more beloved to me in his religion is that he does not eat and he is satisfied with it, if that food is not taken by force or bribery.[4]
If someone has unjustly obtained wealth, they must make every effort to return it back to where it came from. If returning the funds directly to the specific government program is not possible, one should aim to donate the equivalent amount to the government as a general donation. If this is not feasible, they should donate the amount in charity with the intention of satisfying the rights of those wronged without expecting any personal reward. This must also be accompanied with the acknowledgement of the sin and regret. In this way, they may cleanse themselves of the unlawful gain and seek Allah’s forgiveness.
References:
[1] مَنْ غَشَّ فَلَيْسَ مِنِّ
(Sahih Muslim 102, Book 1, Hadith 190)
[2] مَنْ كَانَتْ لَهُ مَظْلَمَةٌ لأَحَدٍ مِنْ عِرْضِهِ أَوْ شَىْءٍ فَلْيَتَحَلَّلْهُ مِنْهُ الْيَوْمَ، قَبْلَ أَنْ لاَ يَكُونَ دِينَارٌ وَلاَ دِرْهَمٌ، إِنْ كَانَ لَهُ عَمَلٌ صَالِحٌ أُخِذَ مِنْهُ بِقَدْرِ مَظْلَمَتِهِ، وَإِنْ لَمْ تَكُنْ لَهُ حَسَنَاتٌ أُخِذَ مِنْ سَيِّئَاتِ صَاحِبِهِ فَحُمِلَ عَلَيْهِ
(Sahih Al-Bukhari 2449, Book 46, Hadith 10)
[3] إِذَا أَصَابَ غَنِيمَةً أَمَرَ بِلاَلاً فَنَادَى فِي النَّاسِ فَيَجِيئُونَ بِغَنَائِمِهِمْ فَيُخَمِّسُهُ وَيُقَسِّمُهُ فَجَاءَ رَجُلٌ بَعْدَ ذَلِكَ بِزِمَامٍ مِنْ شَعَرٍ فَقَالَ يَا رَسُولَ اللَّهِ هَذَا فِيمَا كُنَّا أَصَبْنَاهُ مِنَ الْغَنِيمَةِ . فَقَالَ ” أَسَمِعْتَ بِلاَلاً يُنَادِي ” . ثَلاَثًا . قَالَ نَعَمْ . قَالَ ” فَمَا مَنَعَكَ أَنْ تَجِيءَ بِهِ ” .
(Sunan Abu Dawud 2712, Book 15, Hadith 236)
[4] (قَوْلُهُ إلَّا فِي حَقِّ الْوَارِثِ إلَخْ)
أَيْ فَإِنَّهُ إذَا عَلِمَ أَنَّ كَسْبَ مُوَرِّثِهِ حَرَامٌ يَحِلُّ لَهُ، لَكِنْ إذَا عَلِمَ الْمَالِكَ بِعَيْنِهِ فَلَا شَكَّ فِي حُرْمَتِهِ وَوُجُوبِ رَدِّهِ عَلَيْهِ، وَهَذَا مَعْنَى قَوْلِهِ وَقَيَّدَهُ فِي الظَّهِيرِيَّةِ إلَخْ، وَفِي مُنْيَةِ الْمُفْتِي: مَاتَ رَجُلٌ وَيَعْلَمُ الْوَارِثُ أَنَّ أَبَاهُ كَانَ يَكْسِبُ مِنْ حَيْثُ لَا يَحِلُّ وَلَكِنْ لَا يَعْلَمُ الطَّلَبَ بِعَيْنِهِ لِيَرُدَّ عَلَيْهِ حَلَّ لَهُ الْإِرْثُ وَالْأَفْضَلُ أَنْ يَتَوَرَّعَ وَيَتَصَدَّقَ بِنِيَّةِ خُصَمَاءِ أَبِيهِ. اهـ وَكَذَا لَا يَحِلُّ إذَا عَلِمَ عَيْنَ الْغَصْبِ مَثَلًا وَإِنْ لَمْ يَعْلَمْ مَالِكَهُ، لِمَا فِي الْبَزَّازِيَّةِ أَخَذَهُ مُوَرِّثُهُ رِشْوَةً أَوْ ظُلْمًا، إنْ عَلِمَ ذَلِكَ بِعَيْنِهِ لَا يَحِلُّ لَهُ أَخْذُهُ، وَإِلَّا فَلَهُ أَخْذُهُ حُكْمًا أَمَّا فِي الدِّيَانَةِ فَيَتَصَدَّقُ بِهِ بِنِيَّةِ إرْضَاءِ الْخُصَمَاءِ اهـ. وَالْحَاصِلُ أَنَّهُ إنْ عَلِمَ أَرْبَابَ الْأَمْوَالِ وَجَبَ رَدُّهُ عَلَيْهِمْ، وَإِلَّا فَإِنْ عَلِمَ عَيْنَ الْحَرَامِ لَا يَحِلُّ لَهُ وَيَتَصَدَّقُ بِهِ بِنِيَّةِ صَاحِبِهِ، وَإِنْ كَانَ مَالًا مُخْتَلِطًا مُجْتَمِعًا مِنْ الْحَرَامِ وَلَا يَعْلَمُ أَرْبَابَهُ وَلَا شَيْئًا مِنْهُ بِعَيْنِهِ حَلَّ لَهُ حُكْمًا، وَالْأَحْسَنُ
دِيَانَةً التَّنَزُّهُ عَنْهُ فَفِي الذَّخِيرَةِ: سُئِلَ الْفَقِيهُ أَبُو جَعْفَرٍ عَمَّنْ اكْتَسَبَ مَالَهُ مِنْ أُمَرَاءِ السُّلْطَانِ وَمِنْ الْغَرَامَاتِ الْمُحَرَّمَاتِ وَغَيْرِ ذَلِكَ هَلْ يَحِلُّ لِمَنْ عَرَفَ ذَلِكَ أَنْ يَأْكُلَ مِنْ طَعَامِهِ؟ قَالَ أَحَبُّ إلَيَّ فِي دِينِهِ أَنْ لَا يَأْكُلَ وَيَسَعُهُ حُكْمًا إنْ لَمْ يَكُنْ ذَلِكَ الطَّعَامُ غَصْبًا
(Radd Al-Muhtār, vol. 5, pg. 99, Darul Fikr Beirut)
Only Allah (عَزَّ وَ جَلَّ) knows best.
Written by Maulana Abdurrahman Mohammad
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
