I wanted to find out if it is permissable for a foreigner to fraudulently obtain a South African ID.

Answered according to Hanafi Fiqh by Askimam.org

I wanted to find out if it is permissable for a foreigner to fraudulently obtain a South African ID. He has come to South Africa for a better quality life and without a South African ID he finds difficulty in obtaining jobs in South Africa, and with his foreign ID he cannot easily go to other countries. He wants to fraudulently obtain his South African ID as it is very difficult for him to obtain a South African ID through the normal channels.

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatoh

As Muslims living in non Muslim countries we are bound by the laws of that country on condition there are not un-Islamic. We acknowledge that by being a South African citizen, one enjoys freedom in many ways. However, the citizenship must be obtained through the proper legal channels and processes. Defrauding the Department in obtaining citizenship is a crime and would result in one becoming arrested. Rasulullah (صلى الله عليه وسلم) said “It is not appropriate for a Mu’min to subject himself/herself to embarrassment”. Furthermore, it is against the quality of a Mu’min to lie for worldly gain and comfort. Allah states in the Quraan “Allah’s curse is upon the liars”. Rasulullah (صلى الله عليه وسلم) said “Whoever deceives is not from my Ummah”.

It is therefore not permissible to fraudulently deceive the Department of Home Affairs and become a South African citizen.

And Allah knows best

Wassalam

Muhammed Zakariyya Desai,

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa, Madrassah In’aamiyyah

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