Do I Have to Repay My Former Employer If I Didn’t Always Do What Was Expected of Me?
Hanafi Fiqh
Answered by Ustadh Tabraze Azam
Question: Assalam alaykum
If one had a darker past in which one was quite lazy in ones workplace and didn’t really use all the hours he was paid for actual work, what is such a person obligated to do?
Answer: Wa alaikum assalam wa rahmatullah,
Yes, if you did not actually work when you were expected to be working, the earnings you walked away with for that time would be legally impermissible. Please note that there is a difference between customarily acceptable breaks and the like, and simply surfing the internet when work is required and expected from you.
Allah Most High says, “You who believe, do not wrongfully consume each other’s wealth but trade by mutual consent.” [4:29] This is the basis in all financial transactions and dealings.
Remember that recalling and feeling remorse over wrongs in the past is a great blessing and a sign of the Divine Care (‘inaya) over one. In order to properly redress this wrong, you need to fulfil the conditions of true repentance (tawba) by (a) leaving the sin, (b) having remorse, (c) resolving never to return to the sin and (d) returning any money owed to the employer. The Prophet (Allah bless him and give him peace) said, “The one who repents from sin is like the one who never sinned.” [Ibn Majah]
Make a reasonable estimate as to the amount which would be owed, given your salary at the time, and then add a little extra and give it to the company with a generic note or the like stating that it is money owed to them. Consider giving it to the person in charge, the finance department, or wherever it may be most suitable. If it proves very difficult to get it back to them or if they no longer exist, give the amount away in charity, intending therein to rid yourself of the impermissible and hoping for the Mercy of Allah Most High.
[Atasi, Sharh al-Majalla – Article #425 (2.487); Kirlani, al-Kifaya Sharh al-Hidaya (8.68); Ibn ‘Abidin, Radd al-Muhtar ‘ala al-Durr al-Mukhtar (5.44)]
Please also see: Surfing the Internet and Checking Personal Emails at Work and: Wasting Time at Work and Personal Use of Its Resources and: A Reader on Tawba (Repentance) and: How Do I Get Rid Of Haram Money?
And Allah Most High knows best.
[Ustadh] Tabraze Azam
Checked and Approved by Shaykh Faraz Rabbani
Ustadh Tabraze Azam holds a BSc in Computer Science from the University of Leicester, where he also served as the President of the Islamic Society. He memorised the entire Qur’an in his hometown of Ipswich at the tender age of sixteen, and has since studied the Islamic Sciences in traditional settings in the UK, Jordan and Turkey. He is currently pursuing advanced studies in Jordan, where he is presently based with his family.