Cheated documents to recover Funds
Mu` meneen Brothers and Sisters,
As Salaam Aleikum wa Rahmatullahi wa
Barakatuh. (May Allah`s Peace, Mercy and Blessings be upon all of you)
One of our
brothers/sisters has asked this question:
Dear
Brother Burhan & Team,
Assalaam
alaikum Jazak Allah Kheir
I would
like to ask you a question on atonement. I apologise for a lengthy explanation.
Recently, I was involved in a transaction in which I wish I had held on to the
rope of Allah (swt). Let me explain.
Party "A" ruined an inventory item of mine. I asked for recompense
(for the item) and was flatly refused by party "A". So I decided to
take them to court. In order to make sure, that I get recompensated through the
legal system, I made up (may Allah forgive me for this error) a receipt showing
how much I paid for it The receipt was dated much more recently (to make
the ruined item newer than it really
was).
Through a court mediator, both parties agreed on a compromise. I agreed a
lessor amount and party "A" agreed to pay something towards the
ruined item. My heart is extremely troubled for the 'deception" that I
created to ascertain some recompensation for the item. What is the consequence
of my action? This error of mine is biting my conscience quite heavily. I know Allah (swt) is most forgiving ... Is
there anything I can (should)do to rectify my error?
Salaams
(There may be some grammatical and spelling
errors in the above statement. The forum does not change anything from
questions, comments and statements received from our readers for circulation in
confidentiality.)
Answer:
Cheated documents to recover funds
In the name of Allah, We praise
Him, seek His help and ask for His forgiveness. Whoever Allah guides none
can misguide, and whoever He allows to fall astray, none can guide them aright.
We bear witness that there is no one (no idol,
no person, no grave, no
prophet, no imam, no dai,
nobody!) worthy of worship but Allah Alone, and we bear witness that
Muhammad(saws) is His slave-servant and the seal of His Messengers.
From
what we are able to understand from the case,
your property was ruined by Party-A,
and he refused to compensate you for your loss, which was obviously your right.
You indeed were in the right to
claim the damages from Party-A for ruining your property; and since you did not have sufficient proof
claiming ownership of the property, you
‘invented’ and presented a false document to the court stating the value of
your property, to recover an amount
from Party-A which was rightfully due to you. This is termed ‘heela’ in Islamic Law, and if you took this action to claim what
rightfully belonged to you in the first place,
there is no sin upon you.
But if you ‘created’ a fake
receipt and tried to claim an amount which did not rightfully belong to
you, or which was over and above the
value of the item ruined by Party-A,
then it would be a sin on you.
In such a situation, one must
immediately turn to Allah Subhanah and seek His Forgiveness.
The first thing while seeking
forgiveness is that one must feel ashamed and pained at his act; second he must make a covenant with Allah
Subhanah that he will never repeat the act again; and third, if one has
taken something which does not rightfully belong to him, or has taken a value which is over and above
the value of the item, he must return
the balance amount to the rightful owner.
If one does seek sincere
repentance from Allah Subhanah, he will
find his Lord Merciful and Forgiving;
and Allah Subhanah will bestow a huge reward upon the person for fearing
Him, and setting things right.
Whatever written of
Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever
of error is of me. Allah Alone Knows
Best and He is the Only Source of Strength.
Your Brother in Islam,
Burhan