Al-Khoei Foundation
Al-Khoei Foundation
Questions about Trusteeship
1)
Q: With peace and respect, A check was placed at the disposal of the employer as a guarantee of good performance of the work by the contractor and it was stipulated in the contract that it would be returned to him after the subject of the contract was completed. However, despite the fact that the contractor fulfilled his obligation and prepared and signed a meeting report with the employer's representative confirming the final delivery of the subject of the contract, the employer refused to return the check and took action to collect the check by entering the date on it, but due to insufficient funds, the said check was returned and the account of the issuer of the check (the contractor) faced a problem and it was no longer possible for him, who is a reputable businessman, to receive the checkbook.
The question is whether the said check becomes a religious and legal trust after the subject of the contract is completed and, based on verse 58 of the Holy Quran, this check should be returned to its owner (the contractor)? And whether the employer's action to enter the date on this check and return the check is an example of betrayal of trust? Thank you and may God protect you.
R: In the above case, they must return the security check, otherwise they will be a guarantor.