Home » Hanafi Fiqh » Darulifta-Deoband.com » Is it permissible according to Sharia for her to keep my mobile and demand a party?

Is it permissible according to Sharia for her to keep my mobile and demand a party?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
I am a lecturer,I forgot my mobile at teacher table in class,the next teacher took it and told me that she will give me this mobile back after taking a fine of 500 Rupees or a party(drinking, eating). I told her that if I will give u a party, it will Haraam for you.she did not give mobile me back.After 2 days I took her mobile from her purse, so that I can get my own mobile from her.I asked her to give my mobile back and to take her from me. She put a complaint against me and said that I am a thief. Now plz guide me; 1. what sharia says about her doing when she took my mobile and did not give it me back? 2. Is it right for her to keep my mobile and take a prty, should I gave her a party? 3. If I give her party, without my happiness, just to take my mobile back,will it be Halaal for her or Haraam? 4.When after waiting 2 days, she did not give my mobile back, and I took her mobile from her purse, what is the order of sharia about me,? what is “KAFFAARA” I will have to pay if I am guilty? 5. People in daily life do like this, take any thing of a co worker, and then give him back after taking a party, what islamic sharia says about it? please reply in detail, either in urdu or english Jazak ALLAH!

Answer

(Fatwa: 1273/973=H/1429)

(1) That lady teacher committed an unlawful act, she herself stole your mobile and she, despite of demanding the mobile, did not return it which is usurpation and it is more sinful than theft. Moreover, it is more severe sin to ask for a fine or demand a feast party.

(2) It is not obligatory for you to give party; her demand for a party is unlawful.

(3) It is allowable to give a party in compulsion if it is difficult to take back the mobile without it, but since you have no willingness to give the party and you will mange it half-heartedly so it will not be lawful for the party-participants to eat. Also by attending the party, they will have a share in the sin committed by the lady,

(4) The teacher will be sinful for stealing your mobile, but since you have taken it knowing that without it your mobile will not be returned, so you will not be guilty of theft.

(5) This habit consists of many evils; therefore it is mandatory to abandon it.  

Allah (Subhana Wa Ta’ala) knows Best

Darul Ifta,
Darul Uloom Deoband

This answer was collected from the official ifta website of Darul Uloom Deoband in India.

Read answers with similar topics: