Question:
Assalamualaikum wa rahmatullahi wa barakatuhu.
I am a Trustee of Mt Roskill Islamic Trust here in Auckland, New Zealand. On Eid day we were given Zakaat and Fitrah by our brothers for Distribution. Our Treasurer has been doing this for over 15 years. Between 12pm and 2pm the money was stolen from the treasurers house. Being a Sunday banking the money was difficult. A Muslim was seen running away with the money in his car. We have not made positive Identification of the person yet.
My personal belief is that it is NOT Waajib for repayment for the stolen money by the trust. Please Enlighten us on this Mas’ala further. Please give us the majority opinion by our learned scholars.
Insha-Allah we look forward to your urgent reply. Also make Du’aa that this brother who stole the money is given guidance by all- Mighty to return this money. Ameen. Insha-Allah.
Your Brother
Answer:
If your treasurer was not negligent in the safe-keeping of the money, i.e. he had put the money away in a safe place, then he will not be liable to repay the amount that was stolen. However if he was negligent then he will be liable to repay the stolen money.
And Allah Ta’ala knows best
Mufti Muhammad Ashraf
Darul Iftaa
Jameah Mahmoodiyah
Springs
04 December 2004
21 Shawwal 1425