The ruling on taking a salary without working due to an emergency

19-7-2011 | IslamWeb

Question:

I am an employee in a public department. I went through a divorce and had to stay with my family which resides in another city because I underwent many turbulent psychological and health conditions. All my salary was being paid to me for the seven months although I was absent. The head of the department is a friend of my family, which enabled me to be absent throughout this period without presenting the medical papers to prove my sickness. I wish to know whether this money is lawful for me to keep or not. I also wish to inform you that I returned to work this month.

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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 'alyhi wa sallam, is His slave and Messenger.

 

If the department's bylaws and regulations permit a person undergoing the same conditions to be absent during such a period, then you have done nothing wrong and your salary is lawful to keep. You can submit the medical evidence at a later time. Nonetheless, if they do not permit that and this is not stipulated in the contract, doing so becomes impermissible, and in this case, the salary is unlawful for you to take and you have to return this money to the department.

 

Concerning the leave given by the head of the department, the permissibility of this act is quite clear if he is authorized to do so.  If he is not authorized to do so but he did so out of courtesy, then he has violated his work contract.

 

Allaah Knows best.