Unsettled debts

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.

Giving money to the musjid with the intention of settling one's debt

Q: I have a debt with my friend. He payed for a bowling event and I was supposed to pay him back. I've been wanting to pay him back but everytime I tried to pay him back he said that we will talk about it next time. However he did not say he will forgive my debt. How am I supposed to deal with this? I know that having a debt and not paying it can be a hurdle for me to enter heaven. If I donate it to the mosque will it considered as done? My previous teacher told me that as long as the person is still alive, I have to pay him. Its been a year already.

Creditor waving off the debt

Q: I want to ask a question about qarz. Once when I was younger like 10 years old, I asked my friend for some money and he gave it but today I heard if you don't pay back the money, you are in trouble with Allah Ta'ala and are going to get punished after death but I am pretty sure that friend said he doesn't need the money and I don't have to repay him because he's my friend so do I still have to pay him his money back? It was like 1 pound only.

Running away without settling one's debts

Q: I am living in a GCC country for the past 20 years. I didnt have enough understanding with ribaa and was having bank loans and credit cards. In early 2008 I performed hajj and made alot of tobah with ribaa and after that I had chances but didnt take it anymore. Later my business got collapsed I got bankrupt and I couldnt repay bank loans. Since that time i owe banks money And my full intention was to repay the money somehow but I got total loss and now I am just jobless for around 2 years now in dire constraints completely. I want to ask you that if I leave the country without paying back the loans what I have trying hardest for the last 7/8 years...and there is no way to return and I am getting worse situation. Will I be held responsible or is it gonna be sin if I leave without paying as per my financial situation.