Subject : Is it Permissible for me to Take that which isn`t my Right in Exchange for that which is my Right?
Fatwa Number : 247
Date : 09-04-2009
Classified : Forbidden Money
Fatwa Type : Search Fatawaa

Question :

I`m a civil servant and, according to the Civil Service System, I have the right to receive (45 JDs) monthly as mobility allowance. However, I am denied that amount under the pretext of lack of funds. Instead, I was allowed to take overtime pay for six months, (40 JDs) a month, although I don`t actually do any extra work at all. Is it permissible that I take this amount? If not, may I take it to give it to charity since someone else will take it unjustly?

The Answer :

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

It is unlawful for you to take the overtime pay because you haven`t actually done any overtime. Then, how could you take wages for nothing?!


If you take this amount, then this is illegal earning and Allah the Almighty Says, in this regards, {What means}: "O ye who believe! Squander not your wealth among yourselves in vanity, except it be a trade by mutual consent, and kill not one another. Lo! Allah is ever Merciful unto you." {An-Nisa`, 29}.


As for your taking this money under the excuse that it is in exchange for your right in the mobility allowance, the answer is that this allowance is given when funds are available. Thus, when there are no funds for that, the employee isn`t entitled to it, and this applies to all staff members.


It is also unlawful for you to take ill-gotten money under the excuse of giving it to charity since Allah The Almighty Is Good and Accepts only that which is good. In addition, virtue isn`t achieved through vice.

We recommend that you be keen on making lawful earnings and avoid unlawful as well as suspicious matters. You should also realize that any act of transgression against public funds is a great sin and of higher degree of prohibition and the only way to be acquitted is through sincere repentance, seeking forgiveness and returning the funds to the state treasury in any way you can. And Allah The Almighty Knows Best. 



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