Loans & Debts

Receiving a gift when being paid back a loan

Q: I loaned a certain person an amount of R10 000 to be repaid after one year. When one year elapsed, the person repaid my loan and also presented a small gift to me (a box of chocolates) as a token of appreciation. I was neither expecting this gift, nor was it stipulated, at the time of the loan, that he would give me this gift. Is it permissible for me to accept it, or will it be regarded as interest?

Indexation

Q: Is indexation considered as riba? There are 2 methods to go to university

1. Paying upfront

2. Student loan (i know this is haram already but i just want to know about the 1st option whether it is actually halal because only a minority of Islamic scholars talk about this issue of inflation causing the prices to rise).

Taking a loan from a bank and getting an employee to write off the loan

Q: I know someone working at the Federal Bank. He says that he can help open my doors with a higher loan amount. Once he gives me the loan amount, the money can be paid by the insurance of the bank and I don't have to pay anything towards the loan. He is basically squashing my money so the insurance can pay the bank back. If this was the case, I could open up plenty musjids and pay for the poor with loan amounts from the bank and the insurance of the bank will just pay the banks back. There is a saying that  money is the root to all evil and alot of people are doing this. It sounds corrupt but I require a Mufti's advice.

Using violence to retrieve money from a debtor

Q: To what extent can a person go, in shariat, when it comes to a person getting his money out of a debtor.

1. Can he resort to violence by sending someone behind the debtor to give him a good thrashing?

2. If a person hired a debt collector, can he impose the fees on the debtor as he was the cause of these undue expenses?

3. If not, will the masalah change if the debtor had signed before taking goods on account, that in the event of default in payment, all expenses incurred to retrieve the debt will be borne by the debtor?

4. Can one send someone to forcefully take the debtors car away and sell it to retrieve his money?

5. If one comes to know that someone else is owing the debtor some money, can one take that money straight from that person without the debtor's qabdah or allowance? Will this be permissible for the person owing the debtor the money, i.e. will his debt be discharged?

Paying off a loan after one's creditor passes away

Q: I was given money for five years investment by one of my friends but there was no written agreement. It was only verbally discussed. Now my friend passed away and he is unmarried. His family are all well off and they don't even know about this matter. I can't pay before five years but I can pay this amount in monthly installments. Can you guide me on what should I do?

Taking a loan from the bank to pay off other debts

Q: I’m in a deep and serious problem with which I need some guidance. I’m in a deep debt, owing few private individuals money and I’m owing the bank also. I’ve realized the evil of riba and sincerely made and continue making taubah and asking Allah to for help to come out of debt.

Currently I’m paying little here and there just so that I pay the monthly installments as not to get into problems. Now the main concern is the private individuals are putting pressure that they need their money and I’m unable to pay them.

My question is:

Can I take another loan from the bank (as it is I am already in riba owing the bank) to pay the private individuals so that I will have only 1 debt after that and I can concentrate nicely and try as quick as possible to pay that amount off.

The way it is, paying little all over is not helping, it’s been carrying on like this for the past 2 years already and the loan is not coming down. 

Paying back a loan to the heirs of the deceased after the death of the creditor

Q: I borrowed 40000 US dollars from a friend of mine in America in 2008, which was equal to Rs 2500000 at that time. Our verbal agreement was to return the money in dollars. I could return $33000 through money changer, then there was a ban to transfer of dollars to another country. My friend passed away in America. I informed his family about the remaining amount and requested to collect that through someone travelling to Pakistan. After that there was no answer. I sent a registered letter on the given address but that letter returned to me as there was nobody to receive it. There had been correspondence on that address. I tried to trace them by other means but could not find them. Three years have passed. The Dollar rate has increased more than double. Please advise me in this regard.