Public wealth unlawfully consumed: Its ruling and punishment

19-7-2011 | IslamWeb

Question:

Is it permissible to take something from the public’s wealth while the people in charge are unaware?

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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, sallallaahu 'alyhi wa sallam, is His slave and Messenger.

 

Taking anything from the public wealth unlawfully is prohibited. Someone who does this deserves a discretionary punishment according to the majority of the scholars. Such a punishment is not specified by the Sharee‘ah; rather, the ruler determines it. Nonetheless, this is not considered theft and amputation of the hand is not due, because he is likely to own part of this public property himself. However, he is not absolved of liability and he is subject to a discretionary punishment. That would be applicable when the state has not allocated this wealth for a certain type of people, such as orphans, students, and so on. If the state has allocated this wealth for a type of people and he is not one of them, then taking anything of it is considered theft. When the conditions are fulfilled, the one who has stolen from it must have his hand amputated.

 

It should be known that consuming the public’s wealth is greater in prohibition than consuming private wealth. While the first features violating the right of the community as a whole, the second features violating the right of only one person. Moreover, the owner of private wealth protects it, but public wealth is the responsibility and property of all.

Allaah Knows best.