He took his right without telling him

2-11-2004 | IslamWeb

Question:

I would like to know: Ali came to Dubai and he started working at his uncle place, the salary decided was 1500 Dirams per month. His uncle did not pay him his salary for 3 to 4 month and told him that he has problems etc., and cheated him. Because the guy is his relative so he don't want to go into any fight with him and he decided to take back 'what was his right that was not paid by his uncle from the sales of the shop, so he without telling anyone daily took some money from account, gather until it's equal to what was not paid to him by his uncle. I would like to know his that act is a sin or it right in the light that his uncle didn't paid him his salary so he went to take it on his own from the account in the form of daily-taking?

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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.

 

If it is not possible for this person to take his right from his uncle and he is quite sure that he does not intend to pay him on time, then it is permissible for him to take from his money without his knowledge on the condition that he takes his right only, without any excess. This issue in known by the jurists as obtaining one's right from the person who took it from him unjustly, so he gets his right either from the same kind as was taken from him, or in any other kind.  

Allaah knows best.