A person has worked as a programmer in a company ; But the company did not pay its dues ; In that case, he can sell some of the company's programs to earn his own money ? I used to work as a programmer in a company on a monthly basis. After four years of service, I quit my job. But I did not receive my full payment from them ; Although they promised me. Then they asked me to do some programming work on the system that I had developed for them earlier . For this they will pay me extra and also pay the previous dues. They will own these naturally produced content and programs. I agreed as a step to recover my dues from them. After ten months I handed over the tasks in full. From then on, they no longer receive my calls. Later I found out that they had sold the system I had developed and set it up with a few customers and some government agencies. In this way they are selling. My question is: since they have broken the contract and have not paid their promised amount, will these programs be considered as my property ; So that I can sell it and get halal profit. These programs include some of the ones I developed during my tenure.

1 Answer

Answer :

If someone works as a programmer in a company then the programs will be owned by the company. He can claim his unjust rights ; That is by mentioning his name in the program. If the company does not pay you your dues and you later develop the programs for an additional fee ; But even if the company does not pay you what you owe, then all your debts will be considered as debt on the company. You can try to get your dues legally ; By suing such. However, the ownership of the programs will remain with the company. Delays in the payment of your dues will result in transfer of ownership from the company to you. But if you do not get your rights even after taking legal action, then it will be permissible for you to sell this amount of program as much as selling it will raise your debt ; Not more than that. This is known to the scholars as مسألة الظفر . However, the condition that you can protect yourself from the accusation of theft will apply. Ibn al-Mulaqqin (may Allah be pleased with him) said: In the case of a person who owes something to another person but is unable to collect it, it will be permissible for him to take the same amount of property from that person without his permission. This is the madhhab of Imam Shafi'i and his companions. It is called: مسألة الظفر . Imam Abu Hanifa and Malik Najaiz said ; As quoted by Imam Nawabi in Sharh Muslim . Qurtubi said: "This is the famous madhhab of Imam Malik." Another scholar narrates from Imam Abu Hanifa that: He can take whatever he owes ; Not another national thing. But he can take dirhams instead of dinars ; But you can't take the opposite. Narrated from Imam Ahmad: He cannot take any kind of thing or any other kind of thing. Narrated from Imam Malik: If the debtor has no other debt (ie no other person owes it) then he can take it. And if someone else has a debt, he can take as much as he owes ; Not more than that. Al-Mazari narrates three opinions from Imam Malik: The third opinion is: It is permissible for a person who has been able to acquire something similar to his debt ; If not similar, then not.

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Last Answer : answer:

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