Mixing of Illicit Money with Lawful Money and its Effect on Ownership: a Comparative Jurisprudential Study

Abstract

Money is essential for life, and Islamic law encourages its acquisition while warning against unlawful earnings. However, an individual may engage in illicit activities and their lawful earnings become mixed with the unlawful. Hence, this study addresses the issue of mixed funds and seeks to elucidate the concept of mixed funds and its various classifications based on the nature, quantity, and characteristics of the unlawful earnings. Furthermore, it examines the rulings on ownership of mixed funds and explores methods of purifying oneself from unlawful earnings when funds become mixed.

The study concludes with a set of significant findings regarding how to deal with mixed funds, taking into account the relevant Islamic legal controls and rulings. The research employs an inductive and analytical approach by examining the relevant texts and scholars' opinions, providing descriptions, justifications, and comparisons, in addition to documenting and prioritizing them based on the available evidence.

Key findings include the definition of mixed funds as lawful earnings that have become mixed with unlawful earnings prohibited by Islamic law. The study also explores the various scenarios of mixed funds, such as when the unlawful portion is known or unknown, or when the unlawfulness is inherent in the object itself or in the means of acquisition. Additionally, the study examines the rules governing purification from unlawful earnings in different scenarios.

The study concludes with several recommendations, including the need for further research into the intricacies of distinguishing between lawful and unlawful earnings in various Islamic legal contexts, as highlighted by Ibn Taymiyyah.