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A.
Muhtaram - Assalaamu alaykum
Almighty Allah Ta’ala states in the
Noble Qur’aan "Oh you who believe, Do not eat your wealth among
yourselves unjustly, except that it be a transaction with mutual
happiness." (Sura Nisaa Aayat 29). The prohibition of unjustly eating
the wealth of others includes dishonouring a debt. Allah Ta’ala and
Rasulullah (Sallallaahu Alayhi Wasallam) have announced serious
warnings and punishments for dishonouring debts. Consider the
following quotations.
* And whosoever does that (unjustly
eats the wealth of others), We will soon burn him in the fire (Ibid).
* Hadhrat Abdullah Ibn Umar (RA)
narrates that Rasulullah (Sallallaahu Alayhi Wasallam) said every sin
of a Shaheed (martyr) is forgiven but debts.
(Mishkaat Pg. 252, Me’raaj).
* Hadhrat Abu Hurairah (RA) narrates
that Rasulullah (Sallallaahu Alayhi Wasallam) said, ‘The soul of a
believer will be suspended (from entering Jannah) due to his debt
until paid.’
(Ibid).
* Hadhrat Abu Hurairah (RA) narrates
that when the janaza of a deceased who was in debts used to be brought
to Rasulullah (Sallallaahu Alayhi Wasallam), he used to enquire
whether the deceased had left moneys in his estate or not; if there
were moneys (to honour the debts) then only would he perform the
janaaza
(Ibid).
* Hazrat Abu Hurairah (RA) narrates
that Rasulullah (Sallallaahu Alayhi Wasallam) said, the (undue) delay
of a wealthy person in paying his debts is oppression
(Mishkaat Pg. 251, Me’raaj).
In an Islamic State it is the
responsibility of the ruler to secure payments of debts. If a debtor
has some wealth, the ruler will imprison him until he sells his
belongings - in order to honour his debts. (Raddul Mukhtar vol. 6 pg.
150 HM Saeed). If he refuses to sell his belongings, the ruler will
then himself sell all his belongings and distribute it to the
creditors pro-rata their debts. The ruler may leave only one set of
clothing for the debtor to cover his body (Hidaya vol. 3 - chapter of
Hajr). The ruler even has the right to take all his (debtor’s) cash
and pay the creditors without the consent of the debtor.(Ibid)
According to Imaam Abu Hanifa, after the litigation process of any
possible recovery of debts, and the debtor being declared insolvent by
the ruler, then too the debtor is not absolved from his debts.
Rasulullah (Sallallaahu Alayhi Wasallam) said that the person with the
right (creditor) has a hand and tongue. (Nasbur - Raayah Zailaee vol.
4 pg. 166 - Majlis - Ilmi). The hand and the tongue in the above
hadith refers to the constant demand of the creditor for the payment
of the debt. The creditors have the right to take the earnings of the
insolvent debtor and divide it among all creditors.
(Hidaya Ibid)
From the aforegoing, it is clear that
the rules and principles of insolvency in the secular system does not
corroborate with the laws and principles of insolvency in Shariah. It
is not permissible to search and create a loophole in the legal system
and declare oneself insolvent in order to avoid payments to one’s
creditors. That will be regarded as oppression and a major sin. If the
debtor still owns a house, cars, etc., according to Shariah he is not
an insolvent person. He should sell his belongings, car, house etc.,
and honour his debts. However, if a person is honestly insolvent, he
should seek the forgiveness of his creditor and make every attempt to
pay the debt. He should also record the debt in his will. Rasulullah (Sallallaahu
Alayhi Wasallam) also advised the creditor to be lenient to his
debtors. If possible he should grant respite for late payments or
remit the entire or part of his debt. Rasulullah (Sallallaahu Alayhi
Wasallam) informed us of a creditor being forgiven by Allah Ta’ala for
his sins due to his leniency to his debtors.
As Muslims we should be conscious of
our accountability in the court of Allah Ta’ala and be truthful in all
our dealings.
Mufti Ebrahim Desai
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