Responsibility for Stolen Amaanat

 

Nasihah (Advice): Fulfill your Trusts

Sayyiduna Abu Hurayrah Radhiyallahu Anhu reports that Nabi Sallallahu Alayhi Wasallam said, “Give back what has been entrusted (to you) to him who has entrusted you, and do not violate the trust of him who violates your trust.” (Sunan Tirmidhi)

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Question and Answer:

 

  1. I received money from a friend for safekeeping. The money has been with me for a few months. However, when I recently looked for the money it was missing. I cannot accuse anyone of taking it without knowing any better. My question is am I liable to replace that money?

 

(Question published as received)

 

  1. We understand the item referred to in the query was given to you as an Amaanat (trust) to keep. When such an item is damaged or lost, the trustee will not be liable for the damages or losses of the item if there was no negligence from the trustee. Hence, if there was no negligence from your side, you will not be liable. (Badaa’ius Sanaa’ee)

 

One form of negligence is if the item was not secured properly. Thus, if the item’s reasonable security and protection were neglected, the trustee will be responsible for the damage or loss of the item entrusted to them. (Badaa’ius Sanaa’ee)

 

And Allah Ta’ala Knows Best

 

Mufti Moosa Salie

Mufti Taahir Hansa

 

(The answer hereby given is specifically based on the question asked and should be read together with the question asked. Islamic rulings on this Q&A newsletter are answered in accordance to the Hanafi Fiqh unless otherwise stated.) 

 

Fatwa Department
Jamiatul Ulama (KZN) 

Council of Muslim Theologians
223 Alpine Road, Overport

Durban, South Africa
Tel : +27 (0) 31 2077099

Email: fatwa@jamiat.org.za
Fax : +27(0) 31 2074163
Website : www.jamiat.org.za

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