Making profits from exploiting a piece of land without the owner's permission
Q 4:
A governmental employee
who works as a guard for a vacant piece of land rents to people part of the year for a sum of money or a quantity of grain. He does so without informing the agency for which he works. If he were to inform his supervisors, they would want a share of the revenue and would not give the foundation any part of it. What is the ruling on this? Is this guard permitted to spend this money on himself or his children and their education? When we tell him that he is not allowed to do so without authorization from the government agency, he says: "It will prevent me from getting this Rizq (sustenance)".
A:
It is not permissible for this guard or anyone to make use of this land without permission from someone in authority. It is Haram (prohibited) to benefit from renting out this land. Rather, payment must be made to those in charge of the land, if this is possible. If not, it should be paid in charitable ways and this guard has to make Tawbah (repentance to Allah) and Istighfar (seeking forgiveness from Allah) for what he did. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.