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Should I Repay Unlawful Benefits Received for Unqualified Home Education Course?

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: I began a home education course last year around April when I was 17. In turn the government paid us benefits. However I slacked from April last year and only began taking the course seriously this year in early Jan. I had already made the intention to save up money to pay back the amount I unlawfully received from last year April to this year Jan.

The problem is, recently we received information that we shouldn’t have been receiving the money at all because the course wasn’t qualified. However we were told we didn’t have to pay back the amount they gave us due to bad inquiry on their side. They don’t know that I wasn’t doing the course last year though, even though they were giving us money for it. Now that I know that the money they gave us for that course shouldn’t have been given to us anyway, but they don’t expect us to pay it back, should I forget collecting and paying back the money I unlawfully received last yr?

I asked another scholar and they told me that if I fear I could face severe repercussions if I told the establishment that I didn’t utilise the money correctly, then I don’t have to tell them and I just have to do Istighfar. I’m not sure if the repercussions would be severe – maybe they’ll fine me, but I’m not truly sure or maybe legal action might be taken. But truly I don’t know and I don’t want to find out. Can I just leave it?

Bismillaah

A: I suggest that you speak to the authorities, that you were not working for this entire period and therefore they should explain to you whether you can receive the money or not.

And Allah Ta’ala (الله تعالى) knows best.

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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