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Shaykh Saleem Dhorat

Loans and Debts: The Islamic Perspective


16th Jumādal-Ākhirah 1442 AH ~ Friday 29th January 2021 

By Shaykhul-Hadīth, Hadrat Mawlānā Muhammad Saleem Dhorat hafizahullāh

Taking loans

Allāh ta‘ālā has full control over the financial situation of each and every person. Whether a person is well off or struggling to make ends meet, this is all decreed by Allāh ta‘ālā.

For those struggling financially, taking a loan is a way of alleviating financial difficulty. However, one should try his utmost to avoid taking loans as they can lead to many ills. This is why Rasūlullāh sallallāhu ‘alayhi wasallam would make the following du‘ā:

اَللّٰهُمَّ إِنِّيْ أَعُوْذُ بِكَ مِنَ الْمَأْثَمِ وَالْمَغْرَمِ

O Allāh! I seek refuge in You from sins and debt.

When Rasūlullāh sallallāhu ‘alayhi wasallam was asked as to why he frequently sought refuge in Allāh ta‘ālā from being in debt, he said, “Indeed, when a person incurs a debt, he will lie when he speaks and he will break promises whenever he makes them.” (Al-Bukhārī, Muslim) It is evident from the hadīth that after taking a loan, if a person is unable to repay on time, he will resort to lying and breaking promises.

As loans are often taken from family and friends, if there are delays in repaying or fulfilling promises, it will eventually lead to disputes that will destroy family ties and friendships. This point is captured in an Arabic saying:

الْقَرْضُ مِقْرَاضُ الْمَحَبَّةِ

Loans are the scissors of love.

Therefore, one should always try to avoid taking loans. However, our Dīn has made taking loans permissible for situations when one has no other choice. If one has to resort to taking loans they should keep the following points in mind:

•  The option of taking a loan is only for those who are in dire need. It is not appropriate for a person to take a loan just to fulfil one’s desires, for example spending on holidays, expensive cars and unnecessary house extensions.

•  The loan arrangements should be in complete conformity with the rules and injunctions of Dīn. Loans should not be taken from interest-based sources nor have impermissible conditions.

•  One should have a genuine and sincere intention to repay the loan as the assistance of Allāh ta‘ālā will be with him. Rasūlullāh sallallāhu ‘alayhi wasallam has said:

One who takes the money of people with the intention of repaying it, Allāh ta‘ālā will repay it on his behalf. (Al-Bukhārī)

    This means that Allāh ta‘ālā will create the means and grant barakah in his sustenance, to enable him to repay the debt.

•  One should make every effort to repay the loan on time. If one is unable to do so, the creditor should be informed and a polite request made for extra time.

•  One should refrain from unnecessary spending whilst being in debt, as this will result in delays in repaying the loan.

•  One should make a record of the loan, whether it is large or small, so that the loan and its amount are not forgotten. This will save disputes in the future. 

•  If one has not paid off a loan before his death then he should make a provision in his will for its repayment. If he passes away without paying off the loan or making a bequest, he will be questioned in the Court of Allāh ta‘ālā.

Granting loans

Those who have the means should support those who are in need by giving loans. Allāh ta‘ālā grants extra wealth to people so they can help others who are in need. Therefore, those who have been blessed with more than their needs should spend as much as possible in good causes; one such good cause is giving loans.

Rasūlullāh sallallāhu ‘alayhi wasallam said: “On the night of Mi‘rāj, I saw written on the door of Jannah, ‘(The reward of) Sadaqah is ten times and (the reward of giving a loan) is eighteen times.’ I asked, ‘O Jibra’īl! Why is giving a loan better than sadaqah?’ He said, ‘Because the beggar may ask and already have, whilst the one asking for a loan only asks when in need.’” (Ibn Mājah)

After giving a loan, if a situation arises where the debtor is finding it difficult to repay on time, the creditor should extend the time for repayment. Allāh ta‘ālā says:

If he (the debtor) is in financial difficulty, then allow him grace until a time of ease (when he will be able to pay back easily)… (2:280)

Even better than extending the time, is waiving the repayment of the loan. If the loan is of such an amount that waiving it completely will not bring any difficulty upon the lender, then it is better to do so. Allāh ta‘ālā says:

…and that you forgo it as charity is much better for you, if you really knew. (2:280)

And for those who forgive others and waive their debts, Allāh ta‘ālā will definitely be merciful towards them on the Day of Qiyāmah. Rasūlullāh sallallāhu ‘alayhi wasallam has said:

Allāh will grant a place in His shade to that person who grants respite to a poor person (in the repayment of a debt) or cancels the debt (partly or altogether). (Muslim)

Managing expenditure to avoid debts

Those who have been granted barakah in their wealth should try their utmost to ensure a situation does not arise whereby they are forced into taking loans. One method of doing so is by controlling expenditure so that it is in accordance to our income. It should not be the case that our expenditure exceeds our income, thereby taking us into debt.

Hadrat Muftī Muhammad Shafī‘ rahimahullāh and Hadrat Mawlānā Masīhullāh Khān rahimahullāh would say: “Income is not in our control; but expenditure is, so what is not in our control should be based on what is in our control.”

Nowadays, people just spend without any consideration of their income. This is incorrect. There is a saying in English, “Stretch (one’s) legs according to the coverlet (bedspread).” If one stretches his legs more than his bedspread, he will feel cold, but if he stretches according to the size of the bedspread he will remain comfortable. Similarly, if we let our expenditure go beyond our income, we will fall into debt, and if we limit our expenditure according to our income, we will always remain financially stable.

The reason why many people complain about their financial circumstances is the fact that they spend on things they do not need. If we analyse our weekly shopping for example, we will realise that 20-30% of our purchases are unnecessary. Why should one who is in dire circumstances be spending £10-£15 a week on luxuries like chocolates, sweets or soft drinks? Many of us come across items which are on offer e.g. “buy one, get one free,” and we immediately purchase these items thinking that we are getting a good deal. However, the reality is that most of the time we are not in need of even the one item we are paying for.

This is why we must make a list of the things we need before we go shopping and not think about it whilst we are there. Make a list and then only buy what is on the list, so that we can avoid unnecessary expenditure.

In summary, we must be grateful to Allāh ta‘ālā for the wealth that He has given us. This gratitude demands that we take care of it and not squander it here and there, so that we become compelled to take loans. If a situation arises where we must take a loan, then we should keep in mind the points that have been mentioned above.

May Allāh ta‘ālā grant us the ability to act upon these advices. Āmīn.

Extracted from Riyāḍul Jannah, Vol. 28 No. 2, Feb 2019

© Riyādul Jannah


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Categories
Dhulm/Oppression

The Concept of Borrowing Money In Islam (احكام قرض)

،الحمد الله حمد الشاآرين، والصلاة والسّلام على المبعوث رحمة للعالمين،

وهادياً للناس أجمعين. صلاةً وسلاماً دائمين إلى يوم الدين،

 وآله وصحبه ومن تبعهم بإحسان، وسلم تسليماً آثيراً،

 أما بعد:

نفسالمؤمنمعلقةبدينهحتىيقضىعنه، رواه مسند احمد جلد3 ص442 المعنىأنروحالمؤمنمحبوسةعندخولالجنةمدةدوامالدينعليهحتىيقضىعنه(الفتح الربانى جلد15 ص91

(The Concept of Borrowing Money In Islam (احكامقرض)

Allah has stated in the Holy Qur’an: ‘O You Who Believe! When you contract a debt for a fixed period, write it down…’ (s2, v282)

It is the order of the Holy Qur’an, when the matters of borrowing money arise, whether it be for small or large amounts, it should be written down in a contract. Also, if possible this transaction should take place in front of two witnesses, so that there is no dispute at a later stage. Some Scholars state it is preferable and some state it compulsory to write down a loan transaction. If for any reason, in the future there is a dispute, this written document can be produced as proof.

In the Shari’ah, it is not a sin to take a loan (non-interest) in the state of necessity. However, to not return the borrowed money is oppression and a sin. The Prophet stated ﷺ: ‘A Muslim is the brother of another Muslim. He should not oppress his brother or hand him over to the enemy. The individual who fulfils the need of his Muslim brother, Allah will fulfil his need. That individual who removes a difficulty from his Muslim brother, Allah will remove his difficulty on the Day of Judgement.’ (Sunan Abu Dawood vol 2, p314)

 The taking of a loan is not something that a respectable individual would do without necessity, to create a burden upon themselves. When it is a necessity, then people should seek to assist their relatives and Muslim brothers, according to one’s capability.

The Virtue of Lending Money: Sayyidina Anas bin Malik RA related that the Prophet ﷺ stated: ‘During the journey of Me’raj, I saw written on the door of Jannah: ‘The one who gives charity is rewarded tenfold. The one who gives a loan is rewarded 18 fold.’ I asked Jibreel : ‘Why does the one who gives a loan get rewarded more?’ Jibreel replied ‘The one who gets charity (they usually posses a small amount already) and the one who seeks a loan only does so when he is in dire necessity.’ (Sunan Ibn Majah, P175)

Hakim Ul Ummah Shaykh Ashraf Ali Thanwi RH stated: ‘In the Ahadith, the virtue of giving a loan is for those who are truly needy. If an individual seeks a loan for wasteful spending and utilising it in sinful acts, then a loan should not be given to them.’ (Kamalate Ashrafiya, p102)

The One Who Seeks a Loan Should Keep His Intention Pure: At the time of taking a loan, the borrower should be truly concerned to repay the loan within the stipulated contracted time. If the borrower cannot repay the loan in a lump sum, he should make it clear beforehand, how he wishes to repay the loan. In this way there will be no difficulty placed upon the lender. The individual who takes his loan with these points in mind, his loan will be repaid within the stipulated time and he will be freed of this burden In sha Allah.

Those who take a loan with a bad intention, Allah will cause him humiliation in this world and the hereafter. Sayyidina Abu Hurairah related that the Prophet ﷺ stated: ‘The person who takes wealth from people with the intention of repaying it, Allah will assist him in the repayment of that loan. The person who takes wealth from people with the intention of squandering it, Allah will cause him destruction.’ (Sahih Bukhari, Musnad Ahmed, vol 3, p285)

Allamah Abdul Aziz Khawli االله رحمه writes: ‘Beware! do not take a loan without necessity. If you ever have to take a loan, then keep the firm intention and make effort to repay it. Do not dare to take a loan from people with 2 the intention of squandering their wealth and usurping it. This will only lead to your destruction and humiliation in this world and the next.’ (Al Adab un Nabawi, p49) It is not correct for the debtor to perform Nafil Sadaqah or free slaves. However, it is more important for him to strive to settle his debt as quickly as possible. (Fathul Bari Sharah Bukhari, vol 10, p128)

There are such severe warnings in the Ahadith with regards to those who misuse the wealth of others. This is for those businessmen who run a business, take a bank loan to fill their pockets with insurmountable wealth and then declare bankruptcy, writing off all the money they have borrowed and stored away. The Concern of the Companions to Repay Loans: The Companions of the Prophet were aware of the warnings issued by the Prophet ﷺ for not being careful in the matter of repayment of loans. Therefore, they were very concerned of repaying loans as soon as possible. If for some reason, they were unable to pay back a loan in their lifetime, they would bequest to their relatives to repay any specific loan immediately after their passing. Sayyidina Abdullah ibn Umar related, The Prophet ﷺ stated: ‘All the wrongs of a martyr are forgiven, except his debts.’ (Sahih Muslim/ Mishkaat p254)

2. When Sayyidina Zubayr , took part in the battle of the camel, he called his son Abdullah bin Zubayr and told him: ‘My greatest concern is for the settlement of my debts. If I am to be made a martyr, sell our land and repay my debts. If you are in need, seek the help of Allah . Sayyidina Abdullah bin Zubayr carried out this order to the fullest of his capability, to the extent that he announced for 4 consecutive years at the time of Hajj: ‘Whosoever has anything owing from my father, come and seek its repayment.’ (Sahih Bukhari, vol 1, p442)

1. In the last moments of the life of Sayyidina Umar , after being stabbed in the Masjid of the Prophet ﷺ, he (Sayyidina Umar ) called his son, Abdullah ibn Umar and said to him: ‘The first thing you must be attentive to is the repayment of my loans. They are to be settled by my family. If they are unable to settle them, seek assistance from Adi bin Ka’b . If he cannot assist, seek help from the Quraysh.’ (Sahih Bukhari, vol 1, p524)

Imam Muhammad االله رحمه stated: ‘We accept the saying of Sayyidina Ibn Umar RA, there is no Harm in doing this, when there is no condition stipulated from the beginning. Therefore in an agreement whereby a surplus amount is agreed by the creditor or by the debtor (in the form of goodwill) from the beginning, the transaction would be deemed Haram (prohibited) and the extra payment termed ‘interest’. (Muwatta Imam Muhammad, p358)

3. When Sayyidina Abdullah bin Amr bin Haram , went out for the battle of Uhud, he called his son Jabir and told him: ‘I am going to be martyred in this battle, whatever debts I have remaining, settle them.’ Sayyidina Jabir carried out this request of his father, he (Jabir ) would state: ‘I am pleased if I do not return to my family with even a date, after having settled my father’s debt in full.’ (Sahih Bukhari, vol 2, p580)

The Creditor Should be Lenient to The Debtor: Allah has stated in the Qur’an: ‘And if the debtor is in a difficult situation, then grant him time until it is easy for him to repay, but it you remit it by way of charity, that is better for you if you did but know.’ (s2, v280)

It is clear from the above verse of the Qur’an that if the debtor is unable to repay a loan easily, to forgive him of repayment is a great form of Charity. Hakim Ul Ummah Shaykh Thanwi RH stated: ‘If your debtor is a poor person, do not worry him. Rather, give him time or forgive a part or the entire debt. Allah will as a result of this, protect you from the severity of the Day of Judgement.’ (Ta’leem Ud Deen, p37)

Sayyidina Hasan binAli forgave the entire loan of an individual that was due to him.(Sahih Bukhari, vol 1, p354)

The Prophet ﷺ encouraged Sayyidina Ka’b bin Malik RA to show leniency to a debtor. Due to this, Ka’b bin Malik reduced the debtors’ loan by half. (Sahih Muslim, vol 2, p17) If the debtor can not repay the settled amount on time then he should not try to distance himself from the creditor. Otherwise, the trust of repayment will diminish, which may be detrimental. Sayyidina Abu Qatada RA related, the Prophet ﷺ stated: ‘That person who desires that Allah relieves him of difficulty and worry on the Day of Judgement, let him grant respite or forgive a debtor.’ (Sahih Muslim, vol 2, p18) Sayyidina BuraidaRA related the Prophet ﷺ stated: ‘The individual who grants respite to a debtor in difficulty, he will have the reward of giving Sadaqah written for him for every day he grants respite.’ (Sunan Ibn Majah, p174/ Musnad Ahmed, vol 3, p281) 3 The debtor committing Major sin by withholding repayment when sufficient funds are available: Allah has stated in the Holy Qur’an: ‘The Curse of Allah is on the Zalimun (Polytheist and wrong-doers)’ (s7, v44) Those people who, after having the means to repay a loan in full, do not do so, they are sinful of a Major sin. The money obtained from this unclean saving will be accursed and as such will be a means of destruction in the debtor’s temporary life in this world as well as the Hereafter. The Prophet ﷺ stated: ‘The individual who has the means to repay a loan but does not do so, this is oppression.’ (Sahih Bukhari, vol 1, p323)

Sayyidina Anas related, the Prophet stated: ‘Jibrail informed me to not pray the funeral prayer of that person who has outstanding debts.’ The Prophet then stated: ‘The debtor remains imprisoned in his grave until his debts are settled.’(Musnad Abi Yu’la, vol 3, p399) The inheritors of the estate should in the first instance after paying for funeral expenses try to fulfil the debt owed by the relative who has passed away. Sayyidina Abu Hurairah related that the Prophet stated: ‘The believer’s soul is withheld until the repayment of his debt’. (Musnad Ahmed, vol 3, p442)

Shaykh Ahmed Abdul Rahman Al banaa االله رحمه has explained in regards to the above ‘This implicates that the soul does not reach Heaven until the appointed debt is repaid.’ (Al Fathul Rabbani, vol 15, p91)

The Prophet ﷺ stated: ‘The creditor has the right of being firm in a speech to get back their wealth.’ (Sahih Bukhari, vol 1, p321) It is not right for the debtor to fight with the one who has done them a favour. What is most appropriate is when the time is right, seek respite from the creditor, explaining his (the debtors) situation.

Repay The Loan in a Beautiful Manner: Sayyidina Abu Rafi RA related, the Prophet ﷺ took a camel from an individual by way of a loan. The Prophet ﷺ gave this individual back a camel better than that which he had taken from him. The Prophet ﷺ stated: ‘The best person is he who repays his loan in a beautiful manner.’ (Sunan Abu Dawood, vol 2, p119)

Care, therefore, needs to be taken as in our time, there are many liars who given the status of Ulema (rather Ulema soo) mislead masses by providing false conjecture and misinterpretation on this order. Even today, if the creditor and debtor in accordance with Qur’an & Sunnah fix their ways and are clean as well as honest in their dealing than surely they will be saved from the curse of interest. O Allah! Save us from Haram and make what is Halal sufficient for us and through your Mercy and Blessings do not make us needy of others. Amin! (Jami Tirmidhi, vol 2, p195) (واالله يوفقنا لما يحب وترضى)

Sayyidina Ibn Umar RA took a loan of a few Dirhams from an individual by way of a loan. When he repaid this loan, he returned a greater amount to him. He (the creditor) stated: ‘You are giving me back more than I gave you.’ Sayyidina Ibn Umar said RA: ‘I am aware of that, but I have given it to you out of happiness. You did not request it from me.’ (Muwatta Imam Muhammad, p355)

In Islam interest is considered absolutely Haram. There is no refutation of this order as a detailed account regarding this matter is set forth in the Holy Qur’an (from Surah Al-Baqarah s2, v275-v280).

  (محمد يوسف ڈنكا (عفا االله عنه)

Mufti Muhammad Yusuf bin Yaqoob Danka

 01/ / 1431 Hijrah- 16. 04. 2010.