Category: Business Matters
Fatwa#: 39506
Asked Country: United Kingdom

Answered Date: Jan 16,2018

Title: Returning a loan when the creditor cannot be found or has passed away

Question

If you owe someone money but when the time came to pay him off, you can't find him or his dead.

In this case how would you pay the debt (Karz) off?

Answer

In the Name of Allaah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

In principle, if the creditor happens to pass away prior to the debtor paying his debt, then the debtor shall pay off the debt to the inheritors of the creditor[i].

If the debtor cannot locate the creditor or his inheritors, he should give the amount owed in charity on behalf of the creditor, intending the reward for the creditor[ii].

 

And Allaah Ta’aala Knows Best

Muajul I. Chowdhury

 

Student, Darul Iftaa

New York, USA

 

Checked and Approved by,
Mufti Ebrahim Desai.



[i]  كفاية المفتي (8/138)

 

[ii]  جامع الفتاوى (6/260) 

فتاوى عبد الحي (ص331) 

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