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    Debt in IslamBrothers in faith! When one considers the sources of the noble Islamic Shariah it will be apparent that the general purpose of establishing these laws is to protectthe organic structure of this Ummah, its existence and its uprightness; from the soundness of its Aqeedah and deeds to the correctness of peoples affairs in all their manifestations. This, Islam does in a complete systematic arrangement in order tomaximize the derivation of benefit and to prevent or minimize the occurrence ofcorruption and vices.To actualise this noble goal, Islaam holds peoples rights in high esteem by identifying the rightful owners of these rights and giving instructions on how to make proper use of them in a natural way. It is from this point that Islamic teachings covetously aspire to protect peoples rights and respect them and this is whatmade the 'Ulamaaestablished the popular principle: Whereas the rights of men are based on limitations and inconsistency, the rights of Allah are based on facilitation and leniency.Allah, the Almighty, calls attention to an aspect of honouring peoples rights when He says, And eat up not one anothers property unjustly.(Al-Baqarah: 188).The Prophet also corroborated this point when he said, A Muslims property should notbe taken except by his willing consent.He also said, Verily, your blood, propertiesand honour are sacred to each another, just as the sacredness of this day of yours in this month of yours and in this city of yours.This is confirmed by another statement of his, The hand is responsible for whatever it takes until it returns it.H

    also says, Render back the trust to whoever put something in your trust and do notbetray he who betrays you.(Abu Dawood and others).Fellow Muslims! Among the peoples rights that Islam guarantees and firmly laid itsfoundation and principles is paying debts owed to fellow human beings. Islam strongly warns against negligence in paying debts, unnecessarily delaying them or treating them with utter disregard. Debts due to human beings are great trusts andhuge responsibilities in the eyes of Islam. Allah says, Verily! Allah commands that you should render back the trusts to whom they are due; and that when you judge between men, you judge with justice.(An-Nisaa: 58).Imaam Al-Bukhaaree titled a chapter in his Saheeh: Chapter: Paying of DebtsHe then cmpletely quoted the above verse and said, Allah, the Mighty and Exalted, strongly commands His slaves, saying, Then if one of you entrusts the other, let the one who is entrusted discharge his trust (faithfully).(Al-Baqarah: 283). He also says, O

    who believe! Fulfil (your) obligations.(Al-Maaidah: 1).Further, Islaam strongly condemns violation of these rights. The Prophet said, Whoever has done a wrong to his brother should free himself from that (i.e. by rectifying it) for he will possess not a single gold or silver coin (on the Day of Judgement) until his wronged brother is given of his good deeds (as a compensation). If he however has no good deeds to his credit, some of sins of his wronged brother will be taken and thrown upon him.Islam regards debts so seriously, that they are exempted from the deeds than canbe forgiven and overlooked. The Prophet said, Allah will forgive the martyr all his sins except for his debts.(Muslim).

    In a Hadeeth narrated by Abu Qatadah, the Prophet stood among them (his companions) and said, Indeed, Jihaad in the way of Allah and Eeman are the best of all deeds.A man stood up and said, Tell me, if I am killed in the way of Allah, shall all my sins be removed, O Messenger of Allah?The Prophet said, :Yes, if you are patient,seeking your reward from Allah, facing the enemy and not turning your back to him- except debt- That is what Jibreel told me.(Muslim).It is also to stress the gravity of debts that the Prophet did not pray upon a debtor when he died. Jaabir narrated that, A man died among us and we bathed him, perfued him and shrouded him. Then we came to the Prophet and asked him, Will you pray

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    on him?He took a few steps and then said, Has he any debts?We replied, He has a ebt of two Dinars.Upon hearing that, the Prophet went away. Then Abu Qatadah undertook to pay the debt. We, thereafter went to the Prophet and Abu Qatadah toldhim, I would pay the two Dinars.The Prophet then said, The creditors right is guaranteed and the deceased is free from debt?He said, Yes.The Prophet then prayed onhim.(Ahmad and others).In a Hadeeth narrated by Abu Hurrairah, the deceased persons used to be brought to theProphet and he would ask, Did he leave anything with which his debt could be paid?If we told him that he left something, he would pray on him and if not, he wouldsay, Pray on your man (yourselves).When Allah opened the treasures for him as aresult of the conquests he would say, I am closer to the believers than their ownselves; whoever dies (among them) and he has debts, I will be responsible for his debts.(Bukhaarie & Muslim).The Ulamaa say, His abstention from praying on debtors when they died was because hisayer on them is an intercession, and his intercession is accepted, while nothingcancels debts except paying it.Brothers in Islam! Deferment of paying outstanding debts on the part of rich people is injustice and when one of you is made to follow a solvent man, he would follow him.(Bukhaarie & Muslim).He also said, The delay of a capable man in paying his debts desecrates his honourand makes him liable to punishment.Brothers in Islam! There are some divine injunctions and Prophetic admonitions o

    n matters of debts that emanate from Islams recognition of reality and its principle of kindness, mercy, compassion, facilitation and flexibility, of which is its permission for a Muslim to borrow when in a period of need with a good intention and a sincere determination to pay back the debt. He should not take it withan evil intention (i.e. with intention of not paying it back). The Messenger ofAllah said, Whoever takes peoples money (by debt) with the intention of paying it back, Allah will pay it back on his behalf, and whoever takes it with the intentionof usurping it, Allah will destroy him.The Ulamaa say, Allahs paying it back on hif means facilitating its payment for him in this world and paying it back on hisbehalf in the hereafter with whatever He wills if the debtor could not pay it in this world.Ibn Maajah and others reported that the Prophet said, No Muslim will take a debt whic

    h Allah knows that he wants to pay it back except that Allah pay it back on hisbehalf in this world and the hereafter.One should therefore be aware of nursing bad intention of not paying back the debt for whoever does that exposes himself tothe destruction mentioned in the above-quoted Hadeeth. The Ulamaa say, The destructioncludes destruction of his life, his good living, making things difficult for him and making him devoid of blessings (Barakah) in this world not to mention thetorment that awaits him in the hereafter.Brothers in faith! Of the noble instructions that Islam gives is its enjoinmentof the creditor to give out debt with kindness, and honour the debtor when he ispaying back. The Prophet borrowed a young camel from a man and when the Zakaah camels were brought to him he ordered Abu Raafi(his servant) to pay back the borrowed young camel. Abu Raafitold him that he could not find a young camel among th

    e brought ones and that all the camels were of the best type. The Prophet told him, Give it to him, for it is the best of all people who pays back in the best form.(Muslim).Fellow Muslims! One of the legacies of Islamic law is that one should make things easy for the poor and the needy and grant them respite in paying back their debts. Allah says, And if the debtor is in a hard time (has no money) then grant himtime till it is easy for him to repay.(Al-Baqarah: 280).Brothers in Islam! Making things easy for the poor has a great virtue and a hugereward. The Prophet said, Whoever makes things easy for a person in hardship, Allah will make things easy for him in this world and the hereafter.Among major means

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    of facilitation is to write off the whole debt or part of it. Allah says,But if you remit it by way of charity, that is better for you.(Al-Baqarah: 280).The Prophet said, There was a merchant who would lend money to people. Whenever hesaw a poor person who could not pay, he would tell his workers, Write off his debt that Allah may forgive us.So Allah forgave him.(Al-Bukhaaree & Muslim).In another Hadeeth, Huthaifah and Abu Masood Al-Ansaarie narrated that they heard the saying, A man died and was asked, Why did Allah forgive you?He replied, I used tove business transactions with people and I would write off debts owed me by thepoor and alleviate for the rich.The Prophet also said, Whoever gives respite to a pperson or writes off his debt, Allah will put him under His shade on a day on which there will be no shade except His.Brothers in Islam who are wealthy! Visit the poor and look for the debtors, supportthem with which that Allah has bestowed on you and make things easy for them. The Prophet said, Whoever relieves a believer of a hardship of this world, Allah willrelieve him of a hardship of the Day of Resurrection.He also says, Whoever wants his supplications to be accepted or his hardships to be removed should remove hardship from the poor.(Ahmad).Brothers in faith! Adhere to all these injunctions and enliven them: you will prosper, your affairs will be made good and your society will be upright.Dear Brothers! Among the rights that Islam strongly enjoins and seriously condem

    ns its postponement is unnecessary delay in payment of the wages of hired workers. The Prophet said, Allah says, There are three people whom I shall be their opponent on the Day of Judgement: (1) A man who was given something in My Name and then betrays; (2) A man who sells-off a free man (as a slave) and consumes the price; and (3) A man who hires a labourer, makes use of his service then does not give him his wages.(Bukhaarie). He also says, Give the labourer his wages before his dries.(Ibn Majah).

    Firstly,The jurists (fuqaha') define dayn (debt) as an obligation to be fulfilled, as itis said in al-Mawsooah al-Fiqhiyyah (21/102). The lateral meaning of the word dayn (debt) in Arabic has to do with submission and humiliation. The connection between the Shari (juristic) meaning and the linguistic meaning is clear. The debto

    r is a prisoner, as the Prophet (peace and blessings be upon him) said, Your companion is being detained by his debt.(Abu Dawud)Secondly,Islam takes the matter of debt very seriously and warns against it and urges theMuslim to avoid it as much as possible.It was narrated from A'ishah (may Allah be pleased with her) that the Prophet (peace and blessings be upon him) used to say in his prayer: Allaahumma inni aoodhu bika min al-matham wal-maghram (O Allah, I seek refuge with You from sin and heavy debt).He was asked: How often you seek refuge from heavy debt!He said: When a man gts into debt, he tells lies, and makes a promise and breaks it.(Al-Bukhari: 832and Muslim: 589)An-Nasaa'i (4605) narrated that Muhammad ibn Jahsh (may Allah be pleased with him) said:

    We were sitting with Allah's Messenger (peace and blessings be upon him) when heraised his head towards the sky, then he put his palm on his forehead and said:Subhaan-Allah! What a strict issue has been revealed to me!We remained silent and ere afraid. The following morning I asked him, O Messenger of Allah, what is thisstrict issue that has been revealed?He said, By the One in Whose hand is my soul, if a man were killed in battle for the sake of Allah, then brought back to life, then killed and brought back to life again, then killed, and he owed a debt,he would not enter Paradise until his debt was paid off.(Sunan an-Nasa'i, 4367 -Classed as hasan by al-Albani)The Prophet (peace and blessings be upon him) refrained from offering the funera

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    l prayer for one who had died owing two dinars, until Abu Qatadah (may Allah bepleased with him) promised to pay it off for him. When he saw him the followingday and said, "I have paid it off." The Prophet (peace and blessings be upon him) said: Now his skin has become cool for him.(Ahmad: 3/629 and An-Nawawi)Al-Haafiz Ibn Hajar (may Allah have mercy on him) said, "This hadith indicates how difficult the issue of debt is, and that it should not be undertaken except in cases of necessity." (Fath al-Bari 4: 547)It was narrated from Thawban (may Allah be pleased with him) that the Prophet (peace and blessings be upon him) said: Whoever dies free from three things; arrogance, cheating, and debt, will enter Paradise.(At-Tirmidhi: 1572 - Al-Albani)It was narrated that Abu Hurairah said, "Allah's Messenger (peace and blessingsbe upon him) said, The soul of the believer is suspended because of his debt until it is paid off.(At-Tirmidhi: 1078)Al-Mubarakfuri said in Tuhfat al-Ahwadhi (4/164),Interpreting the words the soul of the believer is suspended, As-Suyuti said: "itis detained and kept from reaching its noble destination." Al-Iraaqi said, "no judgment is passed as to whether it will be saved or doomed until it is determinedwhether his debt will be paid off or not."It was also narrated that many of the salaf (ascendants) warned against debt:It was narrated that Umar ibn al-Khattab (may Allah be pleased with him) said, "Beware of debt, for it starts with worry and it ends with war." (Malik in al-Muwatta' 2: 770)In Musannaf `Abd al-Razzaaq (3/57) it says:Ibn Umar (may Allah be pleased with him) said, "Fear Allah and do not die in debt

    , lest it be taken from your good deeds when there will be no dinars nor dirhams."Thirdly,These stern warnings about debt only came because of the negative consequences to which it leads both on an individual level and on a community level.With regard to the personal level, al-Qurtubi said in al-JamiLi Ahkam al-Quran(3/417):Our scholars said: It is a disgrace and a humiliation because it preoccupies themind and makes one worried about paying it off, and makes one feel humiliated before the lender when meeting him, and feeling that he is doing one a favor whenaccepting a delay in payment. Perhaps he may promise himself that he will pay it off then break that promise, or speak to the lender and lie to him, or swear an oath to him then break it, and so on.

    Moreover, he may die without having paid off the debt so he will be held hostagebecause of it, as the Prophet (peace and blessings be upon him) said, The soul of the believer is held hostage by his debt in his grave until it is paid off.(At-Tirmidhi, 1078) All of that undermines ones religious commitment."With regard to the community level, specialists have described the negative consequences and the danger it poses to the economy, for example:1- Desire for immediate gratification with no thought of the future.2- Lack of responsibility and self-reliance.3- Poor distribution of wealth.Fourthly,Based on the above, the scholars have stipulated three conditions for debt to bepermissible:1- The borrower should be determined to repay it.

    2- It should be known or thought most likely that he is able to repay it.3- It should be for something that is permissible according to Shari`ah.Fifthly,So long as you have taken on a debt so that you can fulfill the duty of helpingyour husband and family to pay for living expenses, you will be rewarded by Allah for this good deed. I ask Allah to reward you greatly for that. Remember thatHe will help you to pay off this debt. The Prophet (peace and blessings be uponhim) said, The one who takes peoples wealth intending to pay it back, Allah will pay it back for him, and the one who takes it intending to destroy it, Allah willdestroy him.(Al-Bukhari 2387)

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    Seek help with that by working and striving hard to pay off the debt, and by putting your trust in Allah, and praying to Him to make it easy for you to pay offyour debt.It was narrated that Abu Sa`id al-Khudri (may Allah be pleased with him) said:The Messenger of Allah (peace and blessings be upon him) entered the mosque andsaw an Ansari man whose name was Abu Umamah. He said: "O Abu Umamah, why are yousitting in the mosque when it is not the time for prayer?" He said: 'Worries and debts, O Messenger of Allah.' He said: Shall I not teach you some words which,if you say them, Allah will take away your worries and pay off your debts?He said: 'Yes, O Messenger of Allah.' He said, "Say, morning and evening, O Allah, I seek refuge with You from worry and grief, and I seek refuge with You from incapacity and laziness, and I seek refuge with You from cowardice and miserliness, andI seek refuge with You from being heavily in debt and from being overcome by men.He (Abu Umamah) said, "I did that, and Allah took away my worry and paid off my debt." (Abu Dawud)Allah Almighty knows best.