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Islamic Ruling on Using Public Funds for Personal Purposes
Author : Dr Noah Ali Salman
Date Added : 23-01-2024

Islamic Ruling on Using Public Funds for Personal Purposes

 

Public funds are owned by all citizens and are spent on their interests as determined by the governing authority. In Islamic jurisprudence, public funds are often referred to as "Bait al-Mal al-Muslimin" (the treasury of the Muslims), and they have specific revenues and designated areas of expenditure. Taking from public funds without a rightful claim is one of the gravest prohibitions, as it constitutes a form of misappropriation. Allah the Almighty has emphasized this in the Quran, stating {What means}: "No prophet could (ever) be false to his trust. If any person is so false, He shall, on the Day of Judgment, restore what he misappropriated; then shall every soul receive its due,- whatever it earned,- and none shall be dealt with unjustly. "(Al-Imran, 161). The Prophet Mohammad (peace be upon him) also made it clear by saying, "By God, any one of you will not take anything from (the public funds) without any justification, but will meet his Lord carrying it on himself on the Day of Judgment.  "(Transmitted by Bukhari & Muslim).

 

This is evident in those who take in kind from the state wealth, and it also includes those who use state tools and properties for personal purposes, such as someone who uses official vehicles in ways not authorized by the governing authority. However, expenditure from public funds must be in accordance with the permissions granted by the governing authority.

 

 The Messenger of Allah (PBUH) said: "Some men acquire Allah’s Property (such as the funds of the Muslim state treasury, Zakah etc.) and they will go to Hell on the Day of Resurrection."

 

If we pay attention to the fact that the state treasury is composed of the total fees collected from the citizens for expenditure on public welfare, and what some countries allocate to the state treasury, meaning to the entire citizenry, we realize that whoever takes from public funds is taking from the wealth of all citizens. This is worse than someone who takes from the funds of a specific individual because if one wants to repent, they can seek forgiveness from that individual or return what they took. However, when taking from public funds, how can one seek forgiveness from all citizens?!

 

For this reason, it is necessary to avoid any potential harm and be cautious of any suspicion in such matter.

 

It doesn`t befit a Muslim to use the excuse that this evil act is being committed by others. This because hospitals have thousands of patients but no one wishes to be ill. In fact, the integrity of one's faith is more important than the well-being of the body, and the allure of ill-gotten wealth can only be deterred by the remembrance of standing before Allah on the Day of Resurrection. Therefore, Allah has forbidden usury and warned against it. He concludes the verses on usury by saying, " And fear the Day when ye shall be brought back to God. Then shall every soul be paid what it earned, and none shall be dealt with unjustly. " (Al-Baqarah, 281).

 

It is also prohibited to manipulate and tamper with scales and measures. Then, Allah emphasizes the significance of standing before Him, stating, "Do they not think that they will be called to account?- On a Mighty Day, A Day when (all) mankind will stand before the Lord of the Worlds? " (Al-Mutaffifin, 4-6).

 

It has been truthfully said: "Today is a day of action without accountability, and tomorrow is a day of accountability without action." How often have we seen in this world those who persist in engaging in what is forbidden, only to face negative consequences in this life, let alone the punishment of Allah in the Hereafter.

 

 

 

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Summarized Fatawaa

What is the ruling on the cessation of blood after (40) days from delivery, but later continued sporadically during two days of Ramadan?

Once postpartum bleeding (Nifas) ceases, and the woman is certain that it won`t reoccur, then she becomes ritually pure and so she is free to make Ghusl (purificatory bath), pray, and fast. If the bleeding reoccurs before fifteen days from its cessation, and before the end of (60) days after delivery, then the ruling on postpartum bleeding is effective, and her fasting and prayer are null and void, thus she must make up the fasting that she missed and not the prayer during those particular days.

What is required of a traveler or a sick person if they broke their fast and then their excuse ceased?

If a traveler settles or a sick person recovers after having broken their fast, it is recommended for them to refrain from eating and drinking for the rest of the day, but it is not obligatory.

What is the expiation for perjury?

Perjury is forbidden and one of the major sins that require turning to Allah in repentance, seeking His forgiveness, giving back rights to whom they belong, or seeking their forgiveness, and expiating for that oath.

What is the ruling of Islamic Law on a fictitious marriage for the purpose of obtaining citizenship?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
There is no such thing in our noble sharīʿah as a "nominal" or "fictitious" marriage or divorce. Marriage and divorce are among the sacred ordinances of Allah, and it is not permissible to manipulate them or use them as a stratagem to obtain worldly gains.
The foundational purpose of a marriage contract is the permanence and continuity of the relationship between the spouses — to establish a family, and to bring forth righteous offspring. So sacred is this bond that Allah the Almighty Himself described it as a solemn covenant (mīthāq ghalīẓ), saying {what means}: "And if you wish to replace one wife with another and you have given one of them a great amount of wealth, do not take any of it back. Would you take it in injustice and manifest sin? And how could you take it while you have gone in unto each other and they have taken from you a solemn covenant?" [Al-Nisāʾ/ 20–21]
Accordingly, it is not permissible to resort to manipulation and deception in contracts that Allah, Mighty and Majestic, has described as a "solemn covenant" — all for the sake of material and worldly benefit. Marriage is built upon permanence and does not admit of a fixed time limit. If a time limit is stipulated in the contract, the contract is rendered invalid by the consensus of the jurists. Similarly, marriage is impermissible when there exists a mutual, concealed intention to limit its duration — even if no time limit is explicitly mentioned in the contract — for this constitutes a form of unlawful circumvention of the sharīʿah. This is to say nothing of the lying and deception that such conduct involves, the prohibition of which needs no elaboration. Lying, deception, and fraud for the purpose of obtaining worldly gains are among the gravest of sins.
If, however, the marriage contract is first concluded in a valid sharʿī manner and then registered civilly, it is sound and fully valid. And Allah the Almighty knows best.

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