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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

Is it permissible to purchase the Udhiyah on installments?

It is permissible to purchase the sacrificial animal (uḍḥiyyah) on installments or by borrowing its price. However, it is not recommended for the poor to do so, because they are not required to offer a sacrifice, and Allah does not burden a soul beyond its capacity. If doing so would lead to negligence in providing for one's dependents (nafaqah wājibah), then giving precedence to obligatory maintenance over borrowing to buy the sacrifice is appropriate. This is based on the saying of the Prophet (peace and blessings be upon him): "It is sufficient sin for a person to withhold food from those whom he is responsible to support."
 
Furthermore, the sacrifice is valid from one who has a debt, but it is preferable (awlā) to repay the debt first, especially if the debt is due immediately (ḥāll). And Allah Almighty knows best.

Does using a wet miswak while fasting break the fast?

A fasting person should ensure that the miswak is dry when using it.
However, if the miswak is slightly moist but does not release any liquid when squeezed, then its use does not break the fast.

When does the time for Udhiyah begin?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
The time for Udhiyah (sacrificial offering) begins once the sun has risen on the day of Eid al-Adha—which is the tenth of Dhul-Hijjah—and a period of time has passed equivalent to two brief prayer units (Raka'at) and two brief sermons (Khutbah). It then continues until the sunset of the last of the days of Tashreeq, which are the eleventh, twelfth, and thirteenth of Dhul-Hijjah.
 
The Prophet (peace be upon him) said: "All the mountain passes of Mina are places of sacrifice, and in all the days of Tashreeq there is slaughtering." [Narrated by Al-Bayhaqi and Ibn Hibban].
 
The best time to slaughter is after finishing the Eid prayer, due to the saying of the Prophet (peace be upon him):
 
"Indeed, the first thing we begin with on this day of ours is to pray, then we return and slaughter. Whoever does that has attained our Sunnah, and whoever slaughters before [the prayer], it is only meat he has presented to his family; it is not part of the ritual sacrifice (Nusuk) in any way." [ٌReported by Bukhari & Muslim].
 
It is valid to sacrifice at any time, whether by night or by day; however, it is disliked (Makruh) at night. And Allah the Almighty knows best.

How to pay Zakah (obligatory charity) due on articles of merchandise?

Articles of merchandise are estimated by their whole sale market price at the end of each lunar year, and (2.5%) of their value is paid as Zakah whether it (value) went up, or down compared to actual purchasing price, and whether the increase (profit) was in the article itself such as an increase in the animal`s weight, or in the prices themselves. And Allah Knows Best.

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