Search In Fatwa

Profit gained from ill-gotten money

Question

Dear Scholar – Asslam alaikum One person who earn some money by cheating somebody and then with that money he start a business and the business grow well and he have a lot of money. Later he gave back the money to whom he cheated. His claim is that now whatever the wealth he has is clean, but I don’t think so. Please enlighten us with the truth. Jazzakumullahu khairan

Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

The scholars  may  Allaah  have  mercy  upon  them differed in opinion about the profit which results from ill-gotten money, whether it is the person who took this money who deserves it, or the person from whom this money was taken, or that it should be divided amongst them equally. It appears that the third opinion is the most preponderant and the most just, because the profit is a result of the money of the first person and the result of the work of the second person, so the profit should not be given to only one person. Rather, the profit should be divided between the two exactly as if they were co-partners.

This third opinion is the one by which 'Umar  may  Allaah  be  pleased  with  him ruled, and this is the choice of Ibn Taymiyyah  may  Allaah  have  mercy  upon  him.

Allaah Knows best.

Related Fatwa