Is It Sufficient to Give Fraudulently Claimed Benefits to Charity?


Hanafi Fiqh

Answered by Mawlana Ilyas Patel

Question

If a person intentionally claimed benefits from the government but did not meet certain conditions making that money unlawful, what is the correct way to rectify this? The individual no longer has this money as it was done in the past.

However, is it sufficient to give that same amount of money to charity without the intention of reward, or is it a must to return it to the government even though this may be difficult and have severe consequences? If one gave the money to charity even though giving it back directly is the better option, would this be accepted?

Answer

In the Name of Allah, the Most Merciful and Compassionate.

I pray you are in good faith and health. Thank you for your question.

Ideally, you must return the money to its original owner. You may transfer without letting them know the specific reason.

It is wrong to cheat or deceive others–whether individuals or government schemes. The Prophet (Allah bless him and give him peace) clarified that one is liable to repay any money obtained through such means. And while it is true that Islam clears the sins of one’s past, this doesn’t lift any financial liabilities one has. [Khadimi, al-Bariqa Sharh al-Tariqa]

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I pray this helps with your question.
Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Faraz Rabbani

Mawlana Ilyas Patel is a traditionally-trained scholar who has studied in the UK, India, Pakistan, Syria, Jordan, and Turkey. He started his early education in the UK. He went on to complete the hifz of the Quran in India, then enrolled in an Islamic seminary in the UK, where he studied the secular and ‘Aalimiyya sciences. He then traveled to Karachi, Pakistan. He has been an Imam in Rep of Ireland for several years. He has taught hifz of the Quran, Tajwid, Fiqh, and many other Islamic sciences to children and adults onsite and online extensively in the UK and Ireland. He taught at a local Islamic seminary for 12 years in the UK, where he was a librarian and a teacher of Islamic sciences. He currently resides in the UK with his wife. His interest is a love of books and gardening.