I was working for a foreign company via theInternet. I did marketing
for this company and brought regular customers to it, and I receive
commission so long as the customers continue to buy from this company.
The problem began when I brought two customers in a way that is not
Islamically acceptable, and I continued to receive commission for
several months. After that I repented to Allah, praisebe to Allah, and
I wanted to set things straight. So I started to bring new customers
but did not register them under my name, so that the matter between me
and the company would be settled.
Is this regarded as an Islamically acceptable solution? I brought new
customers to the company to compensate for the two customers for whom
I had receivedcommission. Can I continue to receive this payment in
return for working with the company, or do I have toleave it? Please
note that I have put a great deal of effort into correcting my
mistake. In fact I am confused about my situation and I cannot tell
the people in charge because I will be dismissed.
What more can I do in order to compensate for what has passed? Is this
regarded as sufficient?
Praise be to Allah.
The money that is acquired as a result of deceit, lying or forgery
isharaam wealth, and it is not permissible to consume it or benefit
from it; rather what you must do is return it to its owner and ask for
forgiveness from him, sothat you will have discharged your duty
forsure. (This applies) whether its owner is a Muslim or not, because
the sanctity of the wealth of a non-Muslim (dhimmi or mu'aahid, i.e.,
non-Muslims living under Muslim rule, or who have a treaty with the
Muslims) is the same as the sanctity of a Muslim's wealth. Our Prophet
Muhammad (blessings and peace of Allah be upon him) disavowed those
who transgressed against the wealth of non-Muslims and said: "As for
the wealth… [that was seized unlawfully from a non-Muslim), I want
nothing to do with it." Narrated by al-Bukhaari (no. 2731). Al-Haafiz
ibn Hajar (may Allah have mercy on him) said: From this (hadeeth) we
learn that it is not permissible to take the wealth of the kuffaar by
treachery when they have been granted security.
End quote fromFath al-Baari, 5/341
Sincere repentance requires you to speak frankly to your company,if
that is possible, or at least to stop that haraamincome that is coming
toyou, and do not continue to take it from the company unlawfully.The
first condition of sincere repentance is giving up the sin
immediately. So long as you still receiving that haraam wealth, we
fear that you may come under the ruling on one who persists in his
sin.
With regard to what yousaid about compensating the company by bringing
some new customers and not taking the commission to which you are
entitled in return, that is appropriate if you are unable to return
the money that you had taken unlawfully to the company or tell them
what really happened sothat they can decide as they see fit.
If you cannot do that, then we hope that what you have mentioned
willcompensate for what you did of trickery to take what you are not
entitled to, and that this will be an expiation for the haraam wealth
that you took from them, by means of which you will compensate the
company and restore people's dues, on condition that the money that
which you had taken unlawfully will be equaled by the money that you
are entitled to for the customers you brought but did not register
under your name. If what you took is more than that, then you haveto
strive to return the additional amount in an acceptable manner, or by
bringing more customers for it, until the two amounts are equal and
you know that you have restored people's rights or the equivalent.
The fuqaha' (may Allah have mercy on them) have outlined numerous ways
that make it easier for the one who wants to get rid of haraam wealth
to do so. For example, Ibn al-Qayyim (may Allah have mercy on him)
said: This is based on an important Islamic principle having to do
with the one who has taken something to which he is not entitled
according to sharee'ah, then decides to get rid of it: if the item in
question was taken without the consent of its owner and he did notgive
him something to compensate him, then he must return it to him. If he
is not able to returnit to him, then he should pay off a debt that the
person owes on his behalf. If that is not possible, then he must
return it to his heirs. If that is not possible, then he must give it
in charityon his behalf. If the rightful owner chooses to take the
reward for that charity on the Day of Resurrection, then he may do so,
but if he insists on taking from the good deeds of the one who took it
unlawfully, he will be able to do so in return for the wealth (that
was taken), and the reward for the charity will go to the one who gave
it, as was proven from the Sahaabah (may Allah be pleased with them).
If the money was paid with the consent of the giver in return for
something haraam, such as one who paid for alcohol or pork, or for
adultery or immoral deeds, in that case the money is not to be
returned to the one whopaid it, because he paid it willingly and took
something haraam in return for it. So it is not permissible for him to
have both the money and the thing he paid for, because that is helping
in sin and transgression, and making it easy for sinners to commit
sin.
What else could the adulterer or the one who commits immoral actions
want, if he knows that he will get what he wants and havehis money
back?! Sharee'ah is far above prescribing such a thing,and it makes no
sense. But the one who receives the money should not consume it;
rather it is evil and impure, as ruled by the Messenger of Allah
(blessings and peace of Allah be upon him). But it is evil and impure
because of the way in which it was acquired, not because of wrongdoing
to the one from whom it was taken.The way to get rid of it and
complete one's repentance is to give it in charity. If he is in need
of it, he may take as much as he needs andgive the rest in charity.
This is the ruling on all impure earnings that areimpure because of
the way in which they are acquired, whether that was in return for
something that is haraam, whether it was an item or a service. The
fact that it is deemed to be impure does not mean that it must be
returned to the one whogave it, because the Prophet (blessings and
peace of Allah be upon him) ruled that the earnings of a cupper
areimpure, but it is not obligatory to return them to the one who paid
them.
End quote fromZaad al-Ma'aad, 5/690-691
On our website, in a number of questions, wehave previously discussed
these matters. See, for example, questions no. 98723, 178442and 179432
However, what we advise you to do is follow the path of piety and
admit to the company what has reallyhappened, or, at the very least,
ask them to stop giving you this haraam commission
You should understand that honesty is the best policy. If we assume
thatwhat you fear of being dismissed happens, it may be that Allah
will replace it with something better than that for you. Allah, may He
be exalted, says (interpretation of the meaning):
"O Prophet! Say to the captives that are in your hands: 'If Allah
knows any good in your hearts, He will give you something better than
what has been taken from you, and He will forgive you, and Allah is
Oft-Forgiving, Most Merciful.'
But if they intend to betray you (O Muhammad SAW), they have already
betrayed Allah before. So He gave (you) power over them. And Allah is
All-Knower, All-Wise"
[al-Anfaal 7:70-71]
"And whosoever fears Allah and keeps his duty to Him, He will make a
way for him to get out (from every difficulty).
3. And He will provide him from (sources) he never could imagine"
[al-Talaaq 65:2-3].
And Allah knows best.
'' Our Lord ! grant us good in this world and good in the hereafter and save us from the torment of the Fire '' [Ameen]
-
{in Arab} :->
Rabbanaa aatinaa fid-dunyaa hasanatan wafil aakhirati hasanatan waqinaa 'athaaban-naar/-
(Surah Al-Baqarah ,verse 201)
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