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Tuesday, July 28, 2009

Suing for Damages

Q: I am Hafizul Quran. One day I was playing cricket with my team mate, during match we had some argument and after that he hit me on my face with cricket bat. After that one of my friends(my bosses nephew) who works with me exchanged heated words with the guy who hit me. The guy who hit me later on realized that he made a big mistake so he took me to private hospital, paid R5,000 for my medical expenses and apologized. We hugged each other and everything was finished. Later on my boss who is the Trustee of the Musjid and his nephew asked me to press charges against that boy who hit me (to teach him a lesson). I went to the police and laid the charge against the boy. The police brought him to the police station and in front of the investigating officer and another Muslim brother I told him that I don't want to do this thing but my boss who is trustee of the Musjid who is like a father to me asked me to do so. Next day my boss and his nephew sent back that R5,000 for the hospital. After that they asked me to sue that boy for R100,000 for damaging, insulting and humiliating in public. My question is: Is this the right way to solve the problem? If I win the case or an out of court settlement takes place and I get money, will that money will be Halaal for me ?

A.
Hafiz Saheb, Allah Ta'aala has blessed you with the gift of Hifzul Qur'aan. Do not waste your time in futile play. You have now seen the result of this futile act. The person who hit you apologized and hugged you and you forgave him. After making peace among yourselves, it is extremely wrong for you to report the matter to the police and lay a charge, even if you are being encouraged by others to do so. After forgiving him, you cannot retract your forgiveness. After forgiving him, whether it is an out of court settlement or the court awards you the money, that money is Haraam for you. You will have to return that money to that person. You now owe him an apology. The Qur'aan has promised reward for a person who forgives. You received that reward when you forgave him. By laying a charge after forgiving him, you have destroyed that great reward from Allah Ta'aala.
May Allah Ta'aala guide you. Aameen.

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai