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الرئاسة العامة للبحوث العلمية والإفتاء
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Group 1
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Volume 23: Oaths - Vows - Imamate
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Rulership and Shari`ah-based policy
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Lawfulness of a salary for which the work is done perfectly
(
Part No. 23
;
Page No. 420
)
Fatwa no
15849
Q: I am a student in the faculty of Education. I earn my living through my work in the military. My senior commander gave me permission to continue studying at the faculty in return for charging me with night duty instead of my day duty. However, some matters make me doubt the lawfulness of the salary I get from the military service in which I have been working for seven years now. These matters include:
1- When I submitted a request to my chief commander to give me permission to continue study, he told me that there are no articles in the work code that permit this. But after a relative of mine interceded for me, he accepted my request and referred me to the official responsible for delegation affairs who in turn told me it is not possible unless we resort to a violation against of the code of military work. He told me to apply for study in the faculty as a student not as an employee and promised to assign me to a night duty.
2 - I did not work in the night duty except for one night; because my chief commander entrusted me to do another job. It should be noted that he is authorized by the higher commander to do so.
3- I do not go to work except for two or three times a month, as there are no tasks for me to perform and if there are I complete them quickly.
(
Part No. 23
;
Page No. 421
)
4- One of the conditions of study in the faculty is that the student should be dedicated to study and should not work during the period of study at the faculty. I signed a contract stating these conditions due to my need for money. I am married and live in a leased flat, because my family lives in another area. I earn no money other than my salary which I get from the military service which is around 6381 SR in addition to a bonus from the faculty of around 850 SR.
My question is, are the salaries which I receive from my military work while studying at the faculty (for ten months) and the bonus I get from the faculty, lawful for me or not?
Is my situation now as an employee and a student at the same time, permissible or not? I appreciate your advice! May Allah benefit us from your knowledge.
A:
The salary which an employee gets is not lawful for him unless he abides by the code of work, does the work entrusted to him properly and does not leave his work except for an excuse considered by the code of work. Subsequently, the money you took from the state and from the faculty in the manner you mentioned in your question is not lawful for you. You must pay it back, and if you are unable to do so, then you have to give it to charity or invest it in a charitable project.
(
Part No. 23
;
Page No. 422
)
Moreover, you must repent to Allah and be honest in your words and deeds.
May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.
The Permanent Committee for Scholarly Research and Ifta'
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`Abdul-`Aziz Al Al-Shaykh
Salih Al-Fawzan
`Abdullah ibn Ghudayyan
`Abdul-`Aziz ibn `Abdullah ibn Baz
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