A grant taken by deception must be returned to donor
13-8-2013 | IslamWeb
Question:
Assalamu Aleykum, I read in Fatwa Number 198785, that when somebody obtained ill-gotten money, while he was ignorant about it, then he only has to repent and does not have to give back the money that he has at hand. but what about the issue of still receiving ill-gotten money in future for a short period? In my case I received a student grant which I should have not received, as I told the grant department that my dad is not working anymore, even though he was still working. My dad told me that I should do it this way, so that he does not have to give me the money. I was completely ignorant, however I repented to Allah swt. I am not gonna apply for this student grant anymore but they still going to send me money for another 3 months. So what’s this issue regarding this. 1.) Can I keep the money that I am going to receive or do I have to give it away? Furthermore the department said that, 50% of the student grant has to be paid back, when I am starting to work. So half of the grant that I received and going to receive has to be paid back and the other is just as a bursary. 2.) Shell I pay them back the 50% that they told me to or completely everything? The problem is that when I tell them the truth about the situation, that they might accuse me for fraud which would have serious consequences. Hope you can help me regarding this issue inshaAllah. JazakaAllah Khair
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, is His Slave and Messenger.
What you have read in the stated Fatwa was issued in a case that is different from yours. As for you, the ruling regarding what you have asked about is that taking that student grant is not permissible in the first place. That is because you violated the condition of the authority that offers it, while observing the condition of the donor is obligatory and the Muslims are bound to (i.e. must fulfil) their conditions and covenants. Hence, it is incumbent upon you after repentance to do the following:
1- You have to pay back to that authority all what you have taken from it before and after you knew the prohibition of what you did. Ignorance does not count here because guaranteeing the rights of people cannot be waived due to ignorance. When paying back that money, it should be given to the authority that usually deserves it. However, it is not required to disclose the reality of the matter, rather you may adopt a trick while paying it back like telling them that this money is from someone who transgressed against you and repented.
2- If you are not able to pay back that money in full now, you are granted time in Islamic law till it is easy for you to repay it. Whenever you are able to repay it, then paying it back will be obligatory upon you immediately and this obligation is never waived by the passage of time (i.e. prescription does not exempt one from giving back the rights of others).
3- As for what you have mentioned that this grant will last for another three months, then you have to try to make that authority stop sending the money to you and strive hard to find a way to refrain from taking it in a way which does not disclose your situation.
Allaah Knows best.