Are children responsible for parents loans.
Mu' meneen Brothers and Sisters,
As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)
One of our brothers/sisters has asked this question:
Assalamu Alaikum, My brother set up a small shop 4 years ago, but it was not running well. After 1 year, he got job in UAE,
so was planning to close the shop. But my father convinced my brother, and despite our warnings, got the shop transfered to
his name (At that time there were no loans for the shop). After that he took loans, credit cards from many banks, and in 3
years now the total loan amounts are more than 4 Lakhs. We dont know what he did with so much money. Now he is telling that
he is going to declare to banks that he faced a business loss, and so he will payback only a small portion of the loans
taken. My brother and I are working but we are not earning so much as to easily settle 4 Lakhs. It will take us (My brother
and I)atleast 3-4 years to settle the money. And then after that only we can save for ourselves. We dont even have own
house/land/savings/gold. During last 3 years we were warning him and pleading him to close the shop ASAP, but he never
listened. Also note that not one rupee of that loan money was used for home, he used it for shop and sometimes for drinking
alcohol. My brother and I have always given him money every month which will be more than enough for an individual`s personal
Now my question is, as per Islam/Shariat, are we (My brother and I) responsible for our father`s huge loans, which he took
inspite of our repeated warnings? Please reply.
(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)
Are children responsible for parents loans
In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.
Your Question: Now my question is, as per Islam/Shariat, are we (My brother and I) responsible for our father`s huge loans, which he took inspite of our repeated warnings?
If your father has taken the loans himself in his own lifetime, he alone will be legally responsible to repay his debts in Shariah. If your father were to die, the absolute first thing that will be dispersed from the wealth which he left behind will be his outstanding debts; if something is left from the wealth of the deceased after the payment of his debts, only then will the inheritors receive their prescribed shares from it.
Respected brother, having said that the father alone is legally responsible to fulfill his debts, you as his children would indeed be morally responsible to help fulfill the debts of your father.and it would only be piety and righteousness on your part as children to do your utmost to help your father fulfill his outstanding debts.
Whatever written of Truth and benefit is only due to Allahs Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.
Your brother and well wisher in Islam,