Granting a secondment to an employee on leave
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The second question of Fatwa No. ( 19198 )
Q 2: A person is an official in the government, and he took a leave of absence. One of the individuals working under him was granted a secondment for the duration of the leave. The individual was not assigned any work by the one who granted him the secondment; rather, he told him
the official in charge: “Do not report for duty until I return from my leave.” No one inquires about him other than this official regarding his absence and presence. Even if this individual wishes to take a leave, the administration he belongs to tells him: “You must have the approval of your reference, i.e., the aforementioned official.” My question is: Does the secondment arranged for him give him any right to it? Knowing that he is in need of it.
A 2: It is not permissible for any person to take anything from the wealth of the state or from any other employer without right, nor to authorize another to do so if he knows that his authorization is contrary to what is correct. Evidence for this is what Abu Dawud narrated in his (Sunan) vol. 3 p. 353, from Abdullah ibn Buraydah from his father from the Prophet (peace and blessings be upon him), who said:Sunan Abi Dawud 2943Sahih (Al-Albani) . Accordingly, it is not permissible for this person to take the money resulting from the secondment in which he did not serve, because he has no right to it. In this, there is injustice to others and encroachment on the rights of others without a legal right. Also, the salary is not permissible to him for the period in which he left work without a valid legal justification. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q 2: A person is an official in the government, and he took a leave of absence. One of the individuals working under him was granted a secondment for the duration of the leave. The individual was not assigned any work by the one who granted him the secondment; rather, he told him
the official in charge: “Do not report for duty until I return from my leave.” No one inquires about him other than this official regarding his absence and presence. Even if this individual wishes to take a leave, the administration he belongs to tells him: “You must have the approval of your reference, i.e., the aforementioned official.” My question is: Does the secondment arranged for him give him any right to it? Knowing that he is in need of it.
A 2: It is not permissible for any person to take anything from the wealth of the state or from any other employer without right, nor to authorize another to do so if he knows that his authorization is contrary to what is correct. Evidence for this is what Abu Dawud narrated in his (Sunan) vol. 3 p. 353, from Abdullah ibn Buraydah from his father from the Prophet (peace and blessings be upon him), who said:
When we appoint someone to an administrative post and provide him with an allowance, anything he takes beyond that is unfaithful dealing.
من استعملناه على عمل فرزقناه رزقًا فما أخذ بعد ذلك فهو غلول
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.