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Breaking terms of contract

Question:

Employee Charitable Contribution Program

The company has the following instructions:

Dear Employees: You can donate to your favorite charities via payroll deduction, personal check, stock, and even via credit card.

Charitable Contributions: Follow *** Corporate Citizenship policies and

processes before giving a charitable contribution, grant, or donation on behalf

of ***. This includes sponsoring events hosted by non-profits, purchasing

tables at events, and making other contributions of any kind. Never make, or

ask someone else to make on *** behalf, a charitable contribution to

obtain a business advantage or preferential treatment for ***.


Neither you nor any member of your family may, directly or through others,

solicit or accept from anyone money, gifts, referral fees, meals,

entertainment, transportation, travel, or any other business amenities that

could influence, or reasonably give the appearance of influencing, ***

business decisions. If you or your family members receive any gift or

business amenity (including money), even if unsolicited, notify your manager

and take appropriate measures, which may include returning or disposing of

what you received.


Person A who is not an employee of the above company reaches out to Person B who is employed there. Person A wants to donate (but since he is not an employee of the company), asks Person B to donate on his behalf so the company can match the fund and benefit the organization and then Person A gives Person B the amount donated. Is such activity allowed?


بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم


In the name of Allah, the Most Gracious, the Most Merciful


Answer:


This would be impermissible because it entails the employee breaking part of the covenant that he made with his employer. According to Islamic law, when two parties contract with one another, it becomes binding on both sides to fulfill the terms contained in the contract on the condition that the terms are lawful. Allah (SWT) says, “O you who believe! Fulfill the contracts!” (Surah Al-Maidah: v. 1) Allah (SWT) describes the believers in Surah Al-Muminoon, verse 8, “And those who look after their trusts and covenant (they fulfill them).”



Ahkamul Quran lil Jasas: v. 2, p. 250 (Qadeemi Kutub Khana)

Maariful Quran: v. 2, p. 42 (Maktaba Rasheedia)

Ahsanul Fatawa: v. 9, p. 32 (HM Saeed Company) and Fatawa Mahmudia: v. 20, p. 207 (Darul Isha’at)



And Allah تعالى knows best

Written by Maulana Mohammad Ahsan Osmani

Darul Ifta Texas

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