Here is the background before, I put my question forward.
I’ve come back from Haj, and wasn’t too well on my return to England. I took a week off work as Sick, but second week, I was better and could’ve gone into work, but I decided to recover 100% before returning, and also recovering mentally as Haj can be quite stressful. Generally, work places suggest only to take time off if you’re medically deemed unfit. That wasn’t the case with me, so I did exaggerate/lie a little bit. There is no set benchmark or definition on what is too sick to come into work. Unless someone is physically isolated it’s always possible someone can go into work, but it would mean they would really struggle. Personally, I would’ve struggled a little because I work in a call centre, and I work 10 hours a day. I had a really bad, aggressive and relenless cough, and a soar throat. Please take this on board before addressing my questions below.
I’d like to know the following:
a) Was I sinful
b) Am I required to pay the salary back to the employer, I was still getting paid during those weeks (sick pay), If so, it’s going to be very difficult because you can’t pay money back to the employer, and even if I did would require a confession and that would put my job at risk which, in return means I will not be able to save up to go Umrah, pay zakat, sadaqah and provide for my family which, is an Islamic responsability place upon me.
I’ve been told that for the first, it’s Sunnah to avoid people if you have an illness that can be contagious, and the doctor said my cough since it’s picked up from a foreign country can easily be passed onto others. This is also another reason or excuse, should I say to stay away for the second week.
Please answer/clarify.
Jazak’Allah.
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
If according to your company rules you were unfit to work, then the money you received is lawful. However, if in your heart you know that was not the case, and you deceived the company then the money you received is unlawful. If it is not possible to return it to your employer, then you should give it away in Sadaqah.
Rasulullah (Sallallahu Alaihi Wa Sallam) said,
مَنْ غَشَّ فَلَيْسَ مِنَّا
Whoever deceives, he is not from amongst us. (Tirmidhi 1315)
إِذَا حَكَّ فِي نَفْسِكَ شَيْءٌ فَدَعْهُ
If something turns in your heart (making you feel uncomfortable) then abandon it. (Ahmad 22159)
Accordingly, you should make an honest judgment and determine for yourself whether you were entitled to the salary or not. Be conscious of Allah and fear the mischief of the Nafs.
And Allah Ta’āla Knows Best
Arshad Ali
Student Darul Iftaa
Trinidad
Checked and Approved by,
Mufti Ebrahim Desai.