Is It Permissible To Make Use Of Money Acquired By Haraam Means To Relieve His Financial Hardship?
Islamic Rulings -
Living Shariah Verdicts
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My question is that before I started practicing Islam, my father put me in a
fraud accident case to lie which in turn made me receive money. At that time I
was younger, I was not practicing, however I was ordered by my father to carry
lie. However now I am married and I am facing a lot of financial problems
currently and I am unemployed and really need this money, and I am meant to
receive the accident money soon. I acknowledge that the money is haram earned
due to lie, but it was done when I was younger, not practicing, was forced by my
father, and did not realise the sin due to ignorance. And I also acknowledge
Islam is a mercy from Allah and in certain situations things become permissible
i.e ribba to save someones life etc. So can I use this money since I am really
in need of this money for my wife and my self?
Praise be to Allah
It is not permissible to obey any created being – even if he is one of the
closest of people – in disobeying the Creator, may He be glorified; rather
obedience is only with regard to that which is right and proper. Please see the
answer to question no. 162423
If you have repented from this sin, then you have done well, but it is essential
to note that repentance does not waive duties owed to people; rather you have no
choice but to return to them that which is rightfully theirs.
In al-Mawsoo'ah al-Fiqhiyyah (14/129) it says:
Repentance in the sense of giving up what you have done in the past and
resolving not to go back to it is not sufficient to waive that which you owe to
other people. The one who steals or takes by force the property of another, or
harms him in some other way, cannot discharge his responsibility merely by
regretting it, giving up the sin and resolving not to do it again; rather it is
essential to right any wrongs that have been committed. This is the basic
principle upon which there is consensus among the fuqaha'. End quote.
The basic principle, "Necessity makes permissible that which has been forbidden"
is one that people often repeat, then if a person falls into some troubles
because of his sin or he has a need that is not desperate, he permits for
himself that which his Lord has forbidden to him, on the basis of this
principle.
The scholars of the Standing Committee were asked:
There are some people who deal in riba, and they also include riba in the
principle that "Necessity makes permissible that which has been forbidden". What
is the ruling on that? There is someone who has a debt and he must either pay it
or go to court, so he decided to get involved in riba.
The committee replied: It is not permissible to deal in riba at all. End quote.
Fataawa al-Lajnah ad-Daa'imah, 13/294
It should be noted that what has happened to you of hardship and difficulty has
only befallen you because of your sin. In fact this is by the kindness and mercy
of Allah, so that one of us will check himself and return to his Lord. Allah,
may He be exalted, says (interpretation of the meaning):
"And whatever of misfortune befalls you, it is because of what your hands have
earned. And He pardons much"
[ash-Shoora 42:30]
"And We tried them with good (blessings) and evil (calamities) in order that
they might turn (to Allah's Obedience)."
[al-A'raaf 7:168].
What you must do is pay attention to this basic principle and act accordingly.
Whatever befalls you of trials and need is only because of the sin, so that you
will repent from it in the hope that Allah will accept it from you. But now you
want to make this need a legitimate reason to persist and indulge in sin. This
is something that it is not appropriate for you to do, and it indicates that
your repentance and steadfastness therein are not as they should be.
One of the conditions that is required in the case of repentance is to return
property or money to its rightful owners; repentance cannot be valid, in cases
where the sin has to do with the rights of other people, unless it is returned
to them – as stated above – or pardon is obtained from them.
Al-Bukhaari (2449) narrated that Abu Hurayrah (may Allah be pleased with him)
said: The Messenger of Allah (blessings and peace of Allah be upon him) said:
"Whoever has wronged his brother with regard to his honour or anything else, let
him seek his pardon today, before there will be no dinar or dirham (i.e., on the
Day of Resurrection)."
The scholars of the Standing Committee said
The one who has taken the property of another person without his permission must
return it to him, even if he was a child at the time when he took it, and he
should ask him to forgive him, because the Prophet (blessings and peace of Allah
be upon him) said: "It is not permissible to take the property of a Muslim
unless he gives it willingly." He (blessings and peace of Allah be upon him)
also said: "Whoever has wronged his brother, let him seek his pardon today,
before there will be no dinar or dirham (i.e., on the Day of Resurrection)."
End quote. Fataawa al-Lajnah ad-Daa'imah, 15/373
Shaykh Ibn Baaz (may Allah have mercy on him) said:
The true meaning of repentance is to give up sins, regret what one has done in
the past and resolve not to go back to it. If he has wronged people with regard
to themselves, their property or their honour, he must restore it to him or seek
their pardon.
End quote. Majmoo' Fataawa Ibn Baaz, 16/33
If you do not know who it belongs to, or it was public wealth, then you must
give it in charity in general terms or give it to the poor and needy.
Shaykh al-Islam (may Allah have mercy on him) said: If it is not possible to
return wealth to its owners because it is not known who they are, for example,
it may be spent on the public interests of the Muslims according to most of the
scholars. The same applies if a person has wealth but does not know who its
owner is, such as those who took it by force or betrayed others or dealt in riba
and so on, who have now repented but have in their possession wealth that does
not belong to them and they do not know who its owner is. In that case it should
be given to those who are in need or spent on the public interests of the
Muslims.
End quote. Majmoo' al-Fataawa, 28/568
It is not permissible for you to take this haraam money and use it to relieve
your hardship and solve your problem, especially when you have not yet taken
possession of this money that you want to use. Cheating and tricking people are
sins, and taking this money that you have not received yet is contrary to your
repentance which is conditional upon giving up the sin and regretting it, yet
here you are, planning to fall into sin again?
So return the money to its owners, ask Allah for forgiveness, repent to Him and
put your trust in Him; He will grant you after hardship ease and after
difficulty relief and a way out. Allah, may He be exalted, says (interpretation
of the meaning):
"And whosoever fears Allah and keeps his duty to Him, He will make a way for him
to get out (from every difficulty).
3. And He will provide him from (sources) he never could imagine. And whosoever
puts his trust in Allah, then He will suffice him. Verily, Allah will accomplish
his purpose. Indeed Allah has set a measure for all things"
[al-Talaaq 65:2-3].
You must also advise your father and guide him to repent, and tell him to do
what Allah has enjoined upon you of giving up evil and persisting in it.
It should be noted that the one who acquires wealth by haraam means will never
become independent of means; rather it is negligence based on illusions.