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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


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