Taking money that was kept by someone as amaanat unjustly

Q: I would appreciate your guidance on the following two queries/issues.

Query/Issue #1: I will refer to two individuals as “Person A” and “Person B”. Person A had 2 packets containing money. These packets were given to Person B by mistake. The same day, Person A had informed Person B of the mistake and requested that these parcels be returned. Person A had a full account and record of the money, who it belonged to, date and amounts. Unfortunately Person B has now taken “ownership” of this money parcels unjustly and does not want to acknowledge nor accept Person A version and has discarded all these records that was with the parcels. Person A has taken an oath that the money parcels belongs to Person A. What is the Sharia ruling (Islamic ruling) on who has the right to these money parcels.

Query/Issue #2: If some money was left in trust with an individual, and such money was taken unjustly and without neglect by the responsible individual, is this individual liable for returning and/or executing on the instruction of such money?


A: 1. Person B flatly rejects Person A’s claim and Person A does not have any evidence to prove that it is his money. Hence, apparently there is no recourse for Person A to claim that wealth. It is left entirely on the conscience of Person B.

2. Yes, he is responsible.

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


Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)