Can I Keep a New Payment to Cover Unpaid Work?

Answered by Shaykh Muhammad Carr

Question

A company hired me as a subcontractor to complete three jobs. They provided down payments for Jobs 1 and 2, which I have completed. However, they are now refusing to pay the remaining balance.

The company has also given me a down payment for Job 3, which is equivalent to the amount they owe me for Jobs 1 and 2.

Am I permitted to keep the payment for Job 3 without completing the work to offset their debt to me?

Answer

In the Name of Allah, the Most Merciful and Compassionate.

I pray you are in good faith and health. Thank you for your question.

‘Aisha reported that Hind bint ‘Utba said: “O Messenger of Allah, Abu Sufyan is a miserly man and does not give me enough to suffice my child and me except for what I take from him without his knowledge.” The Prophet (Allah bless him and give him peace) said:

“Take what is sufficient for you and your child in a reasonable manner.”

You may allocate the down payment from Job 3 toward the amounts owed to you for Jobs 1 and 2 in accordance with Shari‘a. However, it is your responsibility to manage this in a way that ensures compliance with the applicable laws governing your contracts.

The above narration has been used as evidence that if someone has a right over another but cannot obtain it, they are permitted to take from the other’s wealth an amount equivalent to their right without the latter’s permission. This is the view of al-Shafi‘i and a group of scholars. [Ibn Hajr, Fath al-Bari]

And with Allah alone is our success.
[Shaykh] Muhammad Carr
Checked and Approved by Shaykh Dr. Muhammad Abu Bakr Badhib

Shaykh Muhammad Carr has dedicated his life to studying and transmitting our beautiful deen. His studies have taken him around the globe, where he has benefitted from many luminaries. Under the guidance of his teachers – Shaykh Taha Karan, Shaykh Yaseen Abbas, Shaykh Muadh Ali, and many others – Shaykh Muhammad has grown to appreciate the beauty and benefits of diverse scholarship. He completed his memorization of the Qur’an at Dar al-Ulum Zakariyyah in September 1997 and received an Alimiyya Degree in 2006 from DUAI (Darul Ulum al-Arabiyyah al-Islamiyyah). He is also affiliated with Masjid Auwal in Bo Kaap, Cape Town (the oldest mosque in South Africa), where he serves as a co-imam, and Dar Al-Safa, where he has taught since 2018. As a teacher, he imparts the wisdom of our heritage and tradition by opening the door to students. As an imam, he has the unique opportunity to serve his community in daily life.

In addition to his roles as a teacher and imam, Shaykh Muhammad Carr has contributed significantly to the administrative and advisory aspects of Islamic institutions. Since 2023, he has served as the Administrative Director at The Imam Kurani Institute, contributing to the institution’s growth and development. He continues to pursue traditional Islamic Sciences, possessing a keen interest in Islamic Contract Law and Finance. Shaykh Muhammad has been a Shari‘a Board Member for Islamic Asset Management & Insurance Companies since 2001, aligning financial practices with Islamic principles.