Iraqi ‘benefit cheat refused to declare £36,000 in savings from father claiming it would have broken Sharia Law’

An Iraqi immigrant who wrongly claimed £35,000 in benefits claims he did it in order to follow Islamic law.

Majid Hussain received income support, housing benefit and a council tax reduction for 13 years - despite having a secret bank account worth £36,000.

The unemployed 62-year-old signed forms saying he did not have any undeclared savings - and now says that under sharia law he did not consider the money to belong to him.

He even read out extracts from the Koran in court today to bolster his argument.

Hussain, from Exeter, has not worked since he arrived in Britain as a mature student in 1986, funded by Saddam Hussein’s Iraqi government.

He said he was left thousands of pounds by his father to pay for his children’s education, and insisted he had a duty under Islamic law and his own culture not to spend the money himself.

The father of four stopped receiving income support after the existence of the account was revealed in 2010 - at which point he immediately began withdrawing money from it, Exeter Crown Court heard.

However, he is still receiving disability living allowance because he suffers from Crohn’s Disease, kidney problems and muscle pain.

Hussain has pleaded not guilty to two counts of dishonesty making false representation and one count of dishonesty obtaining money transfers.

He has acknowledged that at the time he claimed the state funds he had an account with the Royal Bank of Scotland which grew from £18,000 to £36,000.

The jury was given a dossier of forms signed by the defendant in which he declared that neither he nor any of his children - aged between nine and 18 - had any savings affecting the means test for their benefits.

His defence statement read: ‘He did not notify the DWP of some of the money under his control because it was left to him on strict Islamic terms by a relative for the sole use of his children.

‘In accordance with Islamic belief and law, there was no possibility or option for it ever to be used for his own use and as such there was no intention to deceive.’

Testifying in court on Wednesday, Hussain said: ‘I read the Koran and in the Koran it commands you to honour your parents.

‘You have to respect them. In the Koran we call them the “Second God”.’

He continued: ‘I have an article of the Koran here - it says, “Allah commands you to render back your trust to those to whom they are due and not to break your oath. For Allah knows all that you do.”

‘That’s what we’ve been taught - always obey your parents. I was just going to keep the money for my children and not touch it. I had no right to the money.’

He added that his father had ‘worked so hard’ to save the money he gave his son, working in heat of up to 56C (133F).

Hussain initially told investigators he had saved the money from the scholarship he received from the Iraqi government while studying at the University of Exeter from 1986 to 1996, according to prosecutor Gareth Evans.

When an official asked him if he knew his benefits would be withdrawn if he had declared the account, he said ‘yes’, the court heard.

He then alleged started withdrawing large sums of money from the RBS account, reducing it by £24,000 over seven months.

Mr Evans told jurors: ‘I am afraid that his declarations that he had no bank accounts or savings with his wife or any children he was claiming for was a lie.

‘If he would have disclosed this account then he would not have been entitled to benefits at all.

‘He has been dishonest claiming his benefits, he knew that he should have declared the account and he failed to do so dishonestly in order to claim benefits.’

The trial continues.

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