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Islamic Ruling on Using Public Funds for Personal Purposes
Author : Dr Noah Ali Salman
Date Added : 23-01-2024

Islamic Ruling on Using Public Funds for Personal Purposes

 

Public funds are owned by all citizens and are spent on their interests as determined by the governing authority. In Islamic jurisprudence, public funds are often referred to as "Bait al-Mal al-Muslimin" (the treasury of the Muslims), and they have specific revenues and designated areas of expenditure. Taking from public funds without a rightful claim is one of the gravest prohibitions, as it constitutes a form of misappropriation. Allah the Almighty has emphasized this in the Quran, stating {What means}: "No prophet could (ever) be false to his trust. If any person is so false, He shall, on the Day of Judgment, restore what he misappropriated; then shall every soul receive its due,- whatever it earned,- and none shall be dealt with unjustly. "(Al-Imran, 161). The Prophet Mohammad (peace be upon him) also made it clear by saying, "By God, any one of you will not take anything from (the public funds) without any justification, but will meet his Lord carrying it on himself on the Day of Judgment.  "(Transmitted by Bukhari & Muslim).

 

This is evident in those who take in kind from the state wealth, and it also includes those who use state tools and properties for personal purposes, such as someone who uses official vehicles in ways not authorized by the governing authority. However, expenditure from public funds must be in accordance with the permissions granted by the governing authority.

 

 The Messenger of Allah (PBUH) said: "Some men acquire Allah’s Property (such as the funds of the Muslim state treasury, Zakah etc.) and they will go to Hell on the Day of Resurrection."

 

If we pay attention to the fact that the state treasury is composed of the total fees collected from the citizens for expenditure on public welfare, and what some countries allocate to the state treasury, meaning to the entire citizenry, we realize that whoever takes from public funds is taking from the wealth of all citizens. This is worse than someone who takes from the funds of a specific individual because if one wants to repent, they can seek forgiveness from that individual or return what they took. However, when taking from public funds, how can one seek forgiveness from all citizens?!

 

For this reason, it is necessary to avoid any potential harm and be cautious of any suspicion in such matter.

 

It doesn`t befit a Muslim to use the excuse that this evil act is being committed by others. This because hospitals have thousands of patients but no one wishes to be ill. In fact, the integrity of one's faith is more important than the well-being of the body, and the allure of ill-gotten wealth can only be deterred by the remembrance of standing before Allah on the Day of Resurrection. Therefore, Allah has forbidden usury and warned against it. He concludes the verses on usury by saying, " And fear the Day when ye shall be brought back to God. Then shall every soul be paid what it earned, and none shall be dealt with unjustly. " (Al-Baqarah, 281).

 

It is also prohibited to manipulate and tamper with scales and measures. Then, Allah emphasizes the significance of standing before Him, stating, "Do they not think that they will be called to account?- On a Mighty Day, A Day when (all) mankind will stand before the Lord of the Worlds? " (Al-Mutaffifin, 4-6).

 

It has been truthfully said: "Today is a day of action without accountability, and tomorrow is a day of accountability without action." How often have we seen in this world those who persist in engaging in what is forbidden, only to face negative consequences in this life, let alone the punishment of Allah in the Hereafter.

 

 

 

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Summarized Fatawaa

What is the ruling of Islamic Law on making up missed voluntary prayers?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is recommended for a Muslim to make up any missed voluntary prayers — whether the regular Sunnah prayers (rawātib), the witr prayer, or his personal devotional routine (wird). As for voluntary prayers that are tied to a specific cause or occasion — such as the eclipse prayers (kusūf and khusūf) — these are not made up once their time has passed.
Shaykh al-Islām Imām al-Nawawī, may Allah have mercy upon him, stated: "The correct view in our school is that making up the regular voluntary prayers is recommended." [Al-Majmūʿ, Vol. 4/P.43] And Allah the Almighty knows best.

What is the ruling on doubting whether one or two prostrations were performed?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
If a worshiper is in doubt regarding the number of units (rak'ahs) or prostrations (sajdahs) performed, he must build upon the minimum (i.e., assume the lower number) and perform the prostration of forgetfulness (Sujud al-Sahw) before the Salam at the end of the prayer. This is based on the report from ‘Ata’ ibn Yasar that the Messenger of Allah ﷺ said: 'When anyone of you is in doubt about his Salat (prayer) and does not know how many he has prayed, three or four (Rak'at) he should cast aside his doubt and base his prayer on what he is sure of. Then, he should perform two prostrations before Taslim (salutation). If he has prayed five Rak'at, they will make his Salat (prayer) an even number for him and if he has prayed exactly four, they (i.e. two prostrations) will be humiliation for the devil..' (Narrated by Abu Dawud).
 
It is stated in Al-Muqaddimah al-Hadramiyyah: 'If one doubts [whether he performed] a bowing (ruku’), a prostration, or a rak'ah, he must perform it and prostrate [for forgetfulness], even if the doubt is removed before the Salam—unless the doubt is removed before he performs what would potentially be an addition. Thus, if he doubts whether he prayed three or four, he is obligated to build upon the minimum.' And Allah the Exalted knows best.

What is the ruling of Islamic Law on obtaining financing from Islamic banks by bringing invoices in prior arrangement with the seller, then taking the cash after the financing is approved — with the purpose of settling debts and buying a car?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It appears from the transaction described that its underlying purpose is to obtain cash through resorting to a legal artifice (ḥīlah/tawarruq-style trick), and it is not permissible to engage in such trickery or to coordinate with the various parties merely to obtain liquidity. This is because such artifices bring the sale closer in reality to a ribā-based (usurious) transaction, even if it outwardly appears otherwise.
The Prophet ﷺ said: "Do not commit what the Jews committed, thereby making lawful what Allah has made unlawful through the flimsiest of tricks." This was related by Ibn Baṭṭah in his book Ibṭāl al-Ḥiyal (p. 47), and many scholars have graded it as ḥasan (sound/acceptable).
We have already explained the impermissibility of engaging in such deceptive dealings with Islamic banks in Fatwa No. 516, so please refer to it. And Allah, the Exalted, knows best.

What is the ruling on istinja' after urination, and is it done with water and soap or with water only?

Istinja' from urine and stool is obligatory. It is permissible to perform istinja' with water alone, or with toilet paper alone. The best way is with toilet paper then water. If one wishes to suffice with one of them, then water is better. And Allah the Almighty knows best.

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