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Fatwa CenterMoney earned through violating state laws
Question
Dear Shaykh, I run a transporting business in Qatar. There is a rule here that says that flat bed trailers should only load up to a maximum of 26 ton. If the authorities catch the trailer with extra weight, then a fine of Qr 3000 is charged. I load overweight cargos and get an extra Qr 500 for each load. My trailer can load heavy duty cargos up to the mentioned weight (truck capacity high), but the law does not allow is. So what should I do now? Should I stop taking the overweight cargo? Is the money that I get for moving this cargo haram? Please help.
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 ʻalayhi wa sallam, is His slave and Messenger.
It is impermissible to violate or evade the laws and regulations set to attain the public interest or ward off public evils, including the above mentioned regulation about the maximum weight (load) limit specified by the law. Hence, it is impermissible to violate that load limit in the future, and you are obliged to repent of your past sin.
As for the extra fees that you received for the overweight loads in the past, such earnings are lawful to you given the rule of infikaak al-Jihah (which means the absence of any relation between two rulings, i.e. the prohibition of violating the laws and regulations, on the one hand, and the lawfulness of the money received for the overweight loads, on the other). The earnings acquired in return for a lawful benefit or service are deemed lawful; however, the doer bears the sin of violating these laws and regulations. Hence, the money that you earned is lawful to you, and it is incumbent on you to abstain from breaking the laws and regulations in the future.
Shaykh Saalih ibn Fawzaan was asked, “What is the religious ruling on evading and violating state laws? What is the ruling on the earnings obtained by such ways?”
He answered, “It is incumbent on the Muslim to be honest and trustworthy in all his dealings and interactions and to avoid fraud and deception, especially when it comes to adherence to the laws and regulations serving the interests of people and governing their affairs. It is impermissible for the Muslim to violate or evade such laws and regulations, deceiving the concerned authorities, violating the relevant laws, and lying; verily, such acts involve committing many violations of the sharee'ah... As for the earnings, they are lawful as long as obtaining them does not involve engaging in any prohibited transaction or fraud or dealing in usury and (with the condition that) they were rightfully acquired. However, opting for such deceptive and cunning ways to obtain these earnings is prohibited, and you bear the sin for that.” [Excerpted with slight modifications]
Allaah knows best.
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