Repentance For Embezzling Public Funds
Question Several years ago, I gathered much of public money in illegal ways through bribes and embezzlement. I repented to Allah, and want to know what I should do with this money, as I cannot return it to the individuals in charge because they are thieves, plus this will create a scandal for me. Most…
Question
Praise be to Allah.
It is not permissible to transgress against public wealth by stealing,
embezzling and so on. The one who does so is transgressing against the
Muslims as a whole, not only against the state, and the one who takes any
such thing does not own it, and he has to give it back to the bayt al-mal
(state treasury). This is indicated in a report narrated by Ahmad (20098),
Abu Dawood (3561), al-Tirmidhi (1266) and Ibn Majah (2400) from Samurah ibn
Jundub (may Allah be pleased with him) who said that the Prophet (peace and
blessings of Allah be upon him) said: “The hand that takes is responsible
for what it has taken until it returns it.” al-Tirmidhi said: A saheeh hasan
(authentic and sound) hadeeth (narration). Shu’ayb al-Arnaout said in
Tahqeeq al-Musnad: it is hasan (sound) li ghayrihi (hasan because of
corroborating evidence).
Ibn Qudamah (may Allah have mercy on him) said: Once this is established,
the one who embezzled something must return it if it still exists, and there
is no difference of scholarly opinion as far as we know. Al-Mughni
(5/38).
Returning it is part of repenting properly. In order for repentance to be
accepted, it is essential that property and rights be restored to their
owners, along with regret, asking for forgiveness and resolving not to do it
again.
But if it cannot be returned to the bayt al-mal, then what is left of the
money should be given in charity to the poor and needy, but if he is poor it
is permissible for him to take from it as much as he needs. As for that
which has already been consumed, spent and disposed of, we hope that Allah
will forgive him for that.
See also the answer to questions no.
85266
and
81915.
And Allah knows best.
