Earnings from an unlawful business after repentance

25-11-2014 | IslamWeb

Question:

Assalamu Aleikum I have a question regarding a business that I was running which I quit after someone pointed out that might not be permissible and because me having doubts of it being haram I stopped everything, and refunded all orders I could refund made the last couple of days. I finished the orders that I couldn't refund. After that I closed down all my websites and everything affiliated to it. The business I was running had some elements which were doubtful such as using pirated software (Without paying), and selling virtual currency/goods for a game that could be against shariah (content wise), selling virtual goods according to the gaming company is against the terms of service. Now it's a long story but the reason I never thought of it while running the company was due to the fact that I received this job at the same time I started practising islam, so I was happy of the nima of Allah and never gave it a second thought. After I had run the company for around 1 year, I quit the same day that I was told that it might be unpermissible. Because I did not wanna commit any sins. I have also lent out money to my parents, and used money for the sake of allah during all the period I was working. (Will that count)? Basicially the main point is, All the money I have left am I allowed to keep it since I was unaware of the situation? Subhanallah I read Fatwa No : 123246 and it felt very similar to my case, I have asked someone locally and the answer was similar. I just wanna make sure, so I don't end up doing anything wrong. Jazzak Allah
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, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.

Your are commended for seeking to do what is lawful and for asking about matters you are not sure about. You did well by discontinuing that business as it is impermissible to pirate software programs especially for the purpose of making profit on them. You are liable for the value of profits you have caused the program owners to lose and the damages incurred to them because of the use of their program without authorization. You pay this value to the party entitled to that right, if possible; otherwise, it should be paid in charity. The amount of damages incurred by them and profits lost is to be estimated by experienced persons in this field. If this is not attainable, then you should do your best in estimating it yourself, and you should pursue paying an amount of money by which you believe you would most likely be cleared of liability.

As for whatever money you earned with the consent of the payer but in an illicit manner, such as the compensation for a legally forbidden utility such as a game or the like, if you were not aware of its prohibition, then a group of scholars said that when the person earns money through unlawful means while being unaware of its prohibition, he is not obliged to clear his liability of the unlawful earnings after repenting from that sin. Allaah, The Exalted, says (what means): {… So whoever has received an admonition from his Lord and desists may have what is past, and his affair rests with Allaah….} [Quran 2:275] Allaah did not command those who made transactions with usury and repented afterwards to clear their liability of their unlawful wealth (earned through usurious transactions).

Shaykh Ibn ‘Uthaymeen may Allaah have mercy upon him said: "If one had earned it while unaware of its unlawfulness, his repentance wipes out the sins committed before it and he is entitled to such earnings; Allaah, The Exalted, says (what means): {… So whoever has received an admonition from his Lord and desists may have what is past, and his affair rests with Allaah…}"

Hence, you are not obliged to clear yourself of liability from that money which remains with you; but it is incumbent on you to refrain from engaging in such forbidden activity after your repentance and Allaah will not let your efforts be in vain; He says (what means): {… And whoever fears Allaah - He will make for him a way out./And will provide for him from where he does not expect…} [Quran 65:2-3]

The Prophet, sallallaahu ‘alayhi wa sallam, said: "The Holy Spirit (Jibreel [Gabriel] may Allaah exalt his mention ) has inspired to me that no soul will die until it has completed its appointed term and received its provision in full, so fear Allaah and do not be desperate in seeking sustenance, and no one of you should be tempted to seek sustenance by means of committing sin if it is slow in coming to him, for that which is with Allaah can only be attained by obeying Him." [Al-Albaani graded it Saheeh (sound) in Saheeh Al-Jaami‘ As-Sagheer]

Allaah Knows best.

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