Employee using trickery to obtain rental allowance
Fatwa No: 92207

Question

If you live in a country that claims to be Islamic but you know that most of their dealings and regulations are unjust and not abiding by Islamic rulings. This countries rental rules for employees of the government have double standards that people who have contacts with higher officials get better benefits and get paid more. Additionally you know that the income for the country that should be distributed fairly is being robbed by a group of people who don't fear Allah and they enslave and oppress people to work under the worst conditions for the lowest possible salaries. Would it be permissible if you don't have contacts to allow you to get your rightful rental money to make a rental agreement with a house owner that you can show to your governmental place of work and collect this cash from the house owner after the government pays him? Even though you will not be living in that apartment you made the agreement upon. May Allah show us the right path and guide us to do what is good.

Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.

 

The employee and the employer are both bound by the terms of the contract which is signed between them or by the regulations that are in place in the country where the employee works. Allaah Says (what means): {O you who believe, fulfil your obligations.}[Quran 5:1]. Moreover, the Prophet said: "Muslims should fulfil their conditions." [Abu Daawood].

Therefore, if the work contract or the legislations that are in place in that country state that you are entitled for cash rent allowance, but you are not able to get this right except by using the trickery which you mentioned, then there is no harm to conclude the contract which you described. However, if the regulations that are in place do not give you the right of cash rent allowance, but just gives you the right to have a house where you live, then you are not allowed to undertake the ways of trickery which you mentioned. If you do so, you will become among those who cheat and forge documents, and whoever does so is greatly sinful.

Allaah Knows best.

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