Borrowing and Lending

Payment of Debt

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Q: I owed someone money a large amount of money. I'm almost sure the person I sent paid him because I trust that person for years and have never had a problem with them. I checked the money with someone else the day before I sent it to be paid but he denies or doesn't remember me paying him and he didn't give the person a receipt. He didn't wipe out the money that I paid him. If the person that I sent didn't steal the money and did pay him but he must have forgotten because he was very busy so what's the ruling? Basically there's no proof that I paid him but Allah Ta'ala knows the money was paid or not.

If the person you sent with the payment can testify on oath, in front of the other, that he had indeed paid him the money, then you are absolved of the debt. However if he says that he cannot recall delivering the money to the other person (i.e. to your creditor) then he is responsible for the debt, not you. For then it is certain you gave him the money; the doubt is from his side whether he passed it on to your creditor or not; hence he (the one you sent with payment) is responsible to pay the money from his side.

I trust the above is clear

Allah Ta’ala knows best

Mufti Siraj Desai
Darul-Uloom Abubakr

Loan Involving Two Currencies

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Q: Mufti sahib I went in to a transaction with a brother as follows :

I wanted some cash money for my business so I told the brother if he would be interested in some US$ which I will sell him at a much lesser rate then the prevailing rate, e.g. prevailing rate K5.00 /$1 and offered rate K3.7 /$1 where he must give me the local currency (Kwacha) and I will only give the dollars to him after a year.

Finally we agreed on an amount US $100,000 for which he gave me KWACHA K370,000/ as per agreed rate. When time came for me to give him the US DOLLARS $100,000 I didn’t have the cash so I asked the brother if we could turn around once more on a new rate and we continued turning around the same initial amount for 3 years as I didn’t have the money, eventually the amount had increased 3 folds.

During this period I did give him some little  money  but in Kwacha, I still haven’t paid him and now I have been told my some ulema that such transactions are not permissible.

Mufti Sahib  when the deal was agreed in 2011. Some ulema had permitted such transactions but later they also disapproved of such transactions.

1)      Are such transactions allowed?
2)      Does the transaction remain valid since it was allowed during that period and the fatwa came later?
3)      Turn around of the same deal again and again due to not having the money allowed?

A: The initial deal was permissible. To exchange one currency for another on an agreed rate is lawful, as long as one of the two currencies was taken possession of. You did take possession of the Kwachas, so that made the deal lawful. A fixed rate of exchange was also agreed on.
However, after one year it was not permissible to turn around the debt on a new rate. In effect, it meant that you had increased the amount of money you owed him, and such increase was based solely on the fact that you were unable to effect payment at the stipulated time. This is the exact type of riba or usury that the Holy Quran has prohibited: interest charged for an extension of payment. Likewise the increase that you agreed upon in the following two years was also haraam for it constituted ribaa.

At this stage the deal is still valid but you only owe him the initial $100,000 and nothing more. You need to inform him that whatever agreement the two of you had made to increase the amount of dollars by lowering the agreed rate of Kwacha/Dollar, is now null and void. The first amount agreed upon when the deal was done, will remain in force. Whatever money you paid him in Kwachas must be calculated according to the initial rate of K3.7 /$ and deducted from the total debt.

Make taubah sincere for agreeing to a riba deal. Allah Ta'ala knows best

Mufti Siraj Desai
Darul-Uloom Abubakr
Port Elizabeth
South Africa

Borrowing Money and Different Currencies

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Q: What is the Islamic way of giving and receiving a loan to a needy person when lender and borrower are in different countries and therefore have different currencies? For example lender in USA gives $100 to borrower in Pakistan. Borrower converted the money at market rates of 60Rs and got Rs.6000. Later, the dollar rate is changed to 85Rs. Now should the borrower give the $100 back i.e. pay the new rate of Rs.8500 or should he return Rs.6000 so that the lender will receive $70.5? The same transaction could have done in reverse order i.e. lender in Pakistan and borrower in USA. The lender send Rs.6000 that got converted to $100, but at the time of repayment should the borrower return $70.5 so that lender get Rs.6000 back or should he return $100 and the lender will get Rs.8500? What if at the time of loan it was not decided in which currency loan will be returned?

The exact currency that was borrowed will be returned. If dollars were borrowed, then dollars will be paid back, and if rupees were borrowed, rupees will be paid back, regardless of which country the parties were in at time of the deal. You will not pay back in any other currency nor will you reduce the amount borrowed according to current rates. (Raddul Muhtaar V13 P176)

Mufti Siraj adds:

The Jurists of Islam have mentioned a principle that says debts are payable in its like, i.e. the exact item that was borrowed must be returned. Fluctuation of currencies won’t be taken into consideration. Likewise, what the parties agreed upon at the time of the transaction will not affect the basic Islamic ruling. (Raddul Muhtaar V20 P79).

Moulana Yusuf Laher
Checked by: Mufti Siraj Desai

Paying Extra after Delay in Debt

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Q: A person owes me money. After many months he decides to pay me what he owes me but, feeling guilty, he decides to pay me extra out of his own will because he feels he made me wait long for the money he owes me. Can I accept this or will this be considered to be interest?

A: Yes you may accept the extra payment because neither was it made a condition when you lent him the money nor were you expecting any extra repayment.

And Allah knows best

Written by : Moulana Nazeem Moosagie
Checked and ratified by: Mufti Siraj Desai