Question:

I am working in a company where I am dealing with lease cars for company under guidance of my Boss. We have obtained such cars on operating lease from a Bank, in which it is required that after completion of time such cars should be given back to the Bank. But in Pakistan no Bank was giving true operating lease, hence Bank asked us to give them salvage value and nominate some person in whose name such cars can be transferred.

My Boss has provided them some names and has took profit from sale of those cars without informing the Management. Then he gave me some money out of profit he obtained from the buyer which I took. Now for past 1-2 months I am thinking about this whole scenario and is of the opinion that this transaction is haram for me as it was:

• Not allowed in my job.
  
• We have not informed and take approval from Higher Management.
  
• This transaction was made to make profit out of it.
  

Now I want to give back this money to my Boss and whatever he wants to do with it, it will be his responsiblity then.

I want your kind guidance on the matter whether this transaction and profit out of this transaction is halal or haram for me and for my Boss? Further if it is haram and he does not take back this amount then donating it to Islamic organizations, Masjid/ Madarissa or to poor people will free me from the Gunnah for which I am regretting now.

Your early response is requested as I want to give this amount back as soon as possible if it is haram.

Jazakallahu Khairan

Answer:

In the Name of Allah, the Most Gracious, the Most Merciful.

When the bank asked your company to give them the salvage value of the cars, from the perspective of Shariah, the bank actually made an offer to sell the cars to your company. When your supervisor agreed to pay the salvage value of the cars, he accepted the offer of sale on behalf of the company (provided the company's management had given him the autonomy to do so) and therefore the cars became the property of the company. When your supervisor sold the cars, he sold the property of the company and hence any profit accrued from the sale belongs to the company.

From the above it is clear that your supervisor did not have the right to keep the profit that was made from the sale of the cars; and that he did not have the right to give you any part of it. Both you and your supervisor must return the entire amount of profit to the company.

Note: If you risk losing your job by returning the money to the company, you may return it indirectly to the company, as contribution etc.

And Allah knows best.

Mufti Faizal Riza
26/7/2012
Darul Ifta Australia
www.mufti-online.net  

Answer approved by:

Mufti Ebrahim Desai
Mufti Husain Kadodia
Mufti Emran Vawda
Darul Iftaa Mahmydiyya, South Africa
www.askimam.org
www.daruliftaa.net

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