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Fatawaa


Subject : Debt Value has Changed, how should it be Repaid?

Fatwa Number : 444

Date : 24-01-2010

Classified : Current Financial Issues

Fatwa Type : Search Fatawaa


Question :

A trader bought 20 products for a 100 JDs to be paid later. After sometime, their price has risen to 1000 JDs. How should the debtor/trader repay this debt? This is knowing that the creditor refused to take the 100 JDs after the price has multiplied although it is a regular sale transaction in which no conditions were stipulated.



The Answer :

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

A debtor is obliged to accelerate the repayment of debt and clear him/herself from the liability for people`s rights in order not to be labelled as an oppressor. This is attested to by the following narration in which Abu Hurairah (May Allah be pleased with him) said: The Messenger of Allah (PBUH) said, "It is an act of oppression on the part of a person to procrastinate in fulfilling his obligation; if the repayment of a debt due to any of you is undertaken by a rich person, you should agree to the substitution."[Al-Bukhari and Muslim].

When the repayment date is due, the trader/debtor is required to make payment according to the price agreed upon on the day the sale transaction was concluded. In fact, the debtor is liable for the price of the products and not the objects themselves since the sale contract had already been concluded, but the price was deferred. Therefore, the debtor isn`t required to pay the value of the products after it has changed. Rather, he is required to pay the price agreed on upon concluding the sale contract. However, it is better for both parties to sit together in order to arrive at an acceptable solution. In this regard, Allah the Exalted says (What means), "If a wife fears cruelty or desertion on her husband’s part, there is no blame on them if they arrange an amicable settlement between themselves; and such settlement is best; even though men’s souls are swayed by greed. But if ye do good and practise self-restraint, God is well-acquainted with all that ye do." {An-Nisa`, 128}. And Allah the Almighty knows best.

   




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