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Who dies leaving debts

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:

Respectful brother,

My Company provided service to one company about 12 years back, their financial position got bad and they close down business. At the time of closing the company had to pay US$125,000.00. To this date they have not paid single cent and there were 3 brothers owner of company and all of them now a days are doing business in UK, Pakistan and Canada. They promise to pay every time when I ask, but nothing paid. They says if they die their liability will not be transferred to their children.

What order do we have from God/Quran for such non payment and what consequences they will face in case of non payment.

Pls answer, Jazakullah

 

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Answer:

 

Who dies leaving debts

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.


 

Sahih Muslim Hadith 4646     Narrated by Abu Qatadah

The Messenger of Allah (saws) stood up amongst his companions to deliver his sermon, in which he (saws) told them that Jihad in the Cause of Allah and belief in Allah (with all His Attributes) were the most meritorious of acts. A man stood up and said: O Messenger of Allah (saws), do you think that if I am killed in the Cause of Allah, (all) my sins will be blotted out from me?  The Messenger of Allah (saws) said: Yes, if you were patient and sincere, and always fought facing the enemy, never turning your back upon him, (all your sins shall be forgiven) except debt.

 

Sahih Muslim Hadith 4649     Narrated by Amr ibn al-'As

The Messenger of Allah (saws) said: All the sins of a martyr in the Cause of Allah are forgiven, except debt.

 

Such is the sanctity of the honoring of ones debts in Islam that the Messenger of Allah (saws) said that Allah Subhanah might forgive all the sins of a believer, except their unpaid debts.even for the martyr who gave his life for the Cause of Allah Subhanah! 

 

If you are entitled to receive an amount from a company owned by the 3 brothers then that becomes a debt receivable by you from them according to the laws of Islam and Shariah. They must pay this amount to you if they can, failing which they will be accountable in the presence of our Majestic Lord on that inevitable day when no injustice will be done to anyone.

 

If they die, you can claim this debt of theirs from their inheritors before any distributions can be made to them. This is the Islamic law laid down by Allah swt.

 

Allah Says in the Holy Quran Chapter 4 Surah Nisaa verses 11-14:

11      Allah (thus) directs you as regards your children's (inheritance): to the male a portion equal to that of two females: if only daughters two or more their share is two-thirds of the inheritance; if only one her share is a half.  For parents a sixth share of the inheritance to each if the deceased left children; if no children and the parents are the (only) heirs the mother has a third; if the deceased left brothers (or sisters) the mother has a sixth.  (The distribution in all cases is) after the payment of legacies and debts. Ye know not whether your parents or your children are nearest to you in benefit.  These are settled portions ordained by Allah and Allah is All-Knowing All-Wise.

12      In what your wives leave your share is a half if they leave no child; but if they leave a child ye get a fourth; after payment of legacies and debts.  In what ye leave their share is a fourth if ye leave no child; but if ye leave a child they get an eighth; after payment of legacies and debts.  If the man or woman whose inheritance is in question has left neither ascendants nor descendants but has left a brother or a sister each one of the two gets a sixth; but if more than two they share in a third; after payment of legacies and debts; so that no loss is caused (to anyone).  Thus is it ordained by Allah and Allah is All-Knowing Most Forbearing.

13      Those are limits set by Allah: those who obey Allah and His Messenger will be admitted to Gardens with rivers flowing beneath to abide therein (for ever) and that will be the Supreme Achievement.

14      But those who disobey Allah and His Messenger and transgress His limits will be admitted to a fire to abide therein: and they shall have a humiliating punishment.

 

Whatever written of Truth and benefit is only due to Allahs Assistance and Guidance, and whatever of error is only ones. Allah Alone Knows Best and He is the Only Source of Strength.

 

Your brother and well wisher in Islam,

 

 

Members of Islamhelpline

 


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