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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

My husband discloses all our marital disputes to his family. What is the ruling of Islamic Law on this?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
It is impermissible to divulge spousal secrets or expose one another's faults, whether during the subsistence of the marriage or after its dissolution. The foundational principle governing marital relations is that it is built upon confidentiality and mutual affection. Divulging marital secrets constitutes a breach of trust and a grave sin.
 
A husband ought not to resort to his family to complain about his wife over every dispute, nor is the reverse permissible for the wife, especially when such actions lead to stirring up malice and animosity between the spouses or between their respective families.
 
Islam has enjoined the preservation of secrets in general and commanded against revealing them; safeguarding the privacy of the home holds an even greater priority. And Allah Almighty knows best.

What is the ruling on a person in a state of major impurity (junub) walking or eating before performing the ritual bath?

It is from the Sunnah for a Muslim to hasten to perform the ritual bath for major impurity. However, if he delays it, he does not sin provided he does not miss the prayer. It is permissible for the junub to walk, eat, drink, and sleep. It is recommended for him to perform ablution before these actions to reduce the state of impurity, although the best is for him to perform the ritual bath. And Allah the Almighty knows best.

What is the ruling of Islamic Law on following the actions of the imam in prayer and how this following is achieved?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
The follower (ma'mum) is required to follow his imam in the actions of the prayer. This "following" (mutaba'ah) means that the follower performs each action of the prayer after the imam has begun it but before he has finished it. For example, the follower bows (in ruku') after the imam has reached the position of bowing, then rises after the imam has risen. The Prophet, peace and blessings be upon him, said: "The imam is only appointed to be followed, so when he says the takbir, say the takbir; and when he bows, then bow; and when he prostrates, then prostrate" (agreed upon, i.e., reported by both al-Bukhari and Muslim).
It is stated in Mughni al-Muhtaj (1/505): "Among the conditions of valid congregational prayer (iqtida') is following the imam in the actions of the prayer... meaning that following the imam is obligatory in the physical actions of the prayer, not in its verbal utterances... Complete following (kamal al-mutaba'ah) is achieved when the follower's beginning of an action comes after the imam's beginning of that same action, while the follower's beginning of the action precedes the imam's completion of it" — end of quote, with slight paraphrasing.
And Allah, the Exalted, knows best.

What is the ruling of Islamic Law on compensating the patient in case of medical error on the part of the treating physician?

 
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
The foundational principle is that every mistake issued by a physician that causes harm to another due to his negligence or lack of expertise obligates him to guarantee liability and compensate the harmed party. The Sharia maxim, in this regard, states: "The direct actor is liable."
 
Ibn Qudamah (may Allah have mercy on him) says: "As for if he was skilled but his hand committed an error—such as exceeding the proper limit of incision, cutting in an incorrect site, cutting with an instrument that inflicts excessive pain, or cutting at an unsuitable time—he is liable, because it is destruction (Itlaf) whose liability does not differ between intent and mistake, thus resembling the destruction of property; and because it is a prohibited act, so he guarantees liability for its secondary effects." [Al-Mughni].
 
However, if the physician performed what was necessary in the most complete manner and took all measures of care and caution, but complications occurred that could not be avoided according to specialists, then no liability rests upon him.
 
Shaykh al-Islam Imam al-Nawawi (may Allah have mercy on him) says: "The cupper and the circumciser bear no liability if they have not been negligent, and likewise the veterinarian if he bleeds an animal and it perishes." [Rawdat al-Talibin].
 
Al-Khattabi (may Allah have mercy on him) said: "I know of no disagreement that if the practitioner transgresses and the patient perishes, he is liable. Anyone who undertakes knowledge or practice he does not know is a transgressor; so if perishing arises from his action, he is liable for the blood-money (Diyah) while capital retaliation (Qisas) is dropped from him, because he did not act independently without the patient's permission. And the physician’s offense in the view of the generality of jurists is borne by his agnates ('Aqilah*)."* [Ma'alim al-Sunan].
 
If negligence or transgression is established against the physician, it is necessary to compensate the patient or seek forgiveness from him. And Allah Almighty knows best.

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