By Abdullahi Jamaa
It is reported that occasionally in the afternoons, Imam Abu Hanifa used to relax under the shade of his neighbor’s house.
One day his neighbor borrowed money from him. From that day onward, Imam Abu Hanifah refrained from sitting under the shade, in fear of meeting face to face with the debtor.
He was asked the reasons as to why he no longer sits under the shade and he said that he did not want to give heartbreaks and bother the borrower with his presence.
He said “The owner of the house owes me money and I do not wish to reap benefit from it by sitting in the shade of his house.”
Debt is an unbearable humiliation to the fragile human soul. If there is anything that a human being can avoid in his entire worldly life, then it will be debt.
It comes with a huge psychological trauma especially when a person cannot afford to pay it on time and when the need for it is irresistible.
It is a burdensome experience for a financially unstable person to borrow money and it is one of the eight things that the prophet (SAW) took refuge from.
Debt is also the reason why the prophet (SAW) taught Abu Umamah, a powerful dua to protect and shield believers from sorrow and grief that comes with debts.
The Prophet (SAW) entered into the Mosque one day and found therein Abu Umamah, a man from the Ansars (the helpers of Islam).
“O Abu Umamah, why do I see you sitting down in the Mosque when it is not prayer time?’. Abu Umamah replied: “O prophet of Allah, I have been inflicted with anxieties and burden of debts”.
Then the prophet (SAW) said: “Shall I teach you a statement, when you say it, Allah will relieve you of your anxieties and settle for you your debts?”
Abu Umamah said: “O yes the prophet of Allah’. He (the prophet) said: “when you wake up either in the morning or in the evening, say ‘O Allah , I take refuge in You from anxiety and sorrow, weakness and laziness, miserliness and cowardice, the burden of debts and being overpowered by men”.
Debt is an enormous encumbrance. It is a grave sin if it is not paid and the debtor becomes a prisoner.
It creates disharmony amongst the people. It distances the lender from the borrower. It puts an intolerable negative thought into the feeble heart and mind of a poor person.
Unsettled debt is one of the few grave sins that even martyrs who died on the way of Allah have to contend with.
Failing to repay it, is a sin that is totally unforgivable because it has to do with the rights of people, and sins having to do with the rights of people cannot be expiated by martyrdom.
It was narrated that Muhammad ibn Jahsh (RA) said: We were sitting with the prophet (SAW) when he raised his head towards the sky, then he put his palm on his forehead and said: “Subhaan-Allaah! What a strict issue has been revealed to me!” We remained silent and were afraid.
The following morning I asked him, “O Messenger of Allah, what is this strict issue that has been revealed?” He said, “By the One in Whose hand is my soul, if a man was killed in a battle for the sake of Allah, then brought back to life, then killed and brought back to life again, then killed, and he owed a debt, he would not enter Paradise until his debt was paid off.”
One day, a dead Muslim man was brought to Prophet Muhammad (SAW) and he asked: “Is there any debt due from him? They (the people) said: Yes, two dirhams. He said: “Pray yourselves over your companion”
Then Abu Qatadah al-Ansari said: “I shall pay for him, Apostle of Allah”. The Apostle of Allah (SAW) then prayed over him.
If only two dirhams delayed the burial arrangement of a Muslim, imagine swimming in a pool of debts. It is a tragedy of monumental proportion, one in which the overwhelming majority of people neglect.
Islamic teachings on debts warns Muslims to avoid finding themselves on the deathbed while in a crisis of debts.
If one is left to die in such state then, it becomes completely impossible to give an individual a deserving send off.
Boundaries of borrowing
In Islam borrowing is permissible in case of necessity. Many people however have adopted a very casual approach to borrow and take loans.
Borrowing money or properties for commercial and home use is acceptable in Islam but within the limits of Islamic jurisprudence.
Unfortunately, many of the modern-day borrowings are not for emergency needs but for business expansion or just to keep up with others’ life.
Majority of Muslims are deep inside the world of debts. The vicious cycle of trying to look like others and behave like others is the reason for major borrowing.
So many individuals, families and businesses have put themselves into awkward financial crisis by borrowing for temporary luxury items such as furniture and cars. This kind of borrowing is highly discouraged Islam.
Unsettled dues are part of a long list of injustices committed against people of the world today. The trend of dishonest and the scale of default is alarming.
The catastrophe of debts continue to overstretch businesses putting them into a perpetual loss situation. It is basically pulling down business empires that stood the taste of time and tide.
Debt is arguably the biggest and the most sophisticated problems that modern businesses have to contend with. The scale of borrowing is too high and the rate of repayment is too slow.
And because of mounting debts every business is up against a brick wall while every family is deeply immersed into it, unable to break the ceiling of life.
While interest free halal loans are permitted in Islam, any exaggerated need for borrowing means overburdening both the lender and the lendee, that is why Islam takes the issue of debt very seriously, it warns against it and where possible asks its faithful to avoid it completely.
Those who borrow money with the intention of not repaying the debts of others will be brought in front of Allah on the Day of Judgment in the semblance of robbers and thieves.
So many Muslims today disregard repayment of money borrowed from their friends and families. For many, it takes ages before settlements, while for others they completely fail to reimburse.
It has become a modern style to live large with people’s hard earned cash without an iota of guilt.
The second caliph of Islam, Umar Ibn al-Khattab once said: “Beware of debt, for it starts with worry and it ends with war.”
Debt haunts the mind and soul of the believer. It distort his fine characters and may transform him into a habitual liar.
It was narrated from ‘Aa’ishah (RA) that the Prophet (SAW) used to say in his prayer: “(O Allaah, I seek refuge with You from sin and heavy debt).”
Someone said to him: “How often you seek refuge from heavy debt!” He said: “When a man gets into debt, he speak and tells lies, and he makes a promise and breaks it.”
The verse of lending
The longest verse of the Qur’an that comes within the longest chapter talks of the topic of debt in a broad way.
Verse No. 282 of Surah al Baqarah occupies a whole page of current Mushaf, no other verse does that in the entire verses of the Holy Quran.
It’s called ‘the verse of lending’ because it describes the Islamic rules of lending. Some scholars say that Allah made the longest verse a description about debts to show us that commercial transactions should be treated so carefully.
As long as it is, the verse provides an Islamic legal framework for financial transactions, the rights of the debtor, the approach of the creditor, justice, equity, documentation, witnesses and evidences, fear of Allah and being conscious of Allah.
“O you who have believed, when you contract a debt for a specified term, write it down. And let a scribe write [it] between you in justice.
Let no scribe refuse to write as Allah has taught him. So let him write and let the one who has the obligation dictate.
And let him fear Allah, his Lord, and not leave anything out of it.But if the one who has the obligation is of limited understanding or weak or unable to dictate himself, then let his guardian dictate in justice.
And bring to witness two witnesses from among your men. And if there are not two men [available], then a man and two women from those whom you accept as witnesses – so that if one of the women errs, then the other can remind her.
And let not the witnesses refuse when they are called upon. And do not be [too] weary to write it, whether it is small or large, for its [specified] term.
That is more just in the sight of Allah and stronger as evidence and more likely to prevent doubt between you, except when it is an immediate transaction which you conduct among yourselves.
For [then] there is no blame upon you if you do not write it. And take witnesses when you conclude a contract. Let no scribe be harmed or any witness. For if you do so, indeed, it is [grave] disobedience in you.
And fear Allah. And Allah teaches you. And Allah is knowing of all things.” (Quran 2: 282)
There is a lot to learn from this verse. It is a masterpiece of commandment that has left nothing to chance as far as lending money and commercial transactions are concerned.
More than 14 centuries ago, the Qur’an insisted on putting things into writing when borrowing money or dealing with transactions.
The verse puts into a strong emphasis the need for a written agreement. This is not just for record keeping but also as a form of prove in case one party disowns the agreement.
This requirement acts as a stronger evidence to prevent doubt between the debtor and creditor. Whether the sum of money borrowed is small or large, it must be written down for its specified term. It must be expressly on paper to avert injustice.
It is in all fairness because it gives greater force to the testimony of the witnesses, since a written statement carries more weight than one based totally on memory.
And it “is more likely to spare you any doubt”. Thus, the wisdom underlying these directions becomes clear and they appear more convincing, practical and uplifting.
It further stresses the requirement of a third party writer, an independent person who records all details of agreement in order to ensure total impartiality and fairness.
The document writer must be truthful in his writing. He must be a man of integrity, a staunch follower of Islam and a practicing Muslim who knows and understands the impacts of his actions.
He is required to record the agreed terms of the loan faithfully, without interference, bias or prejudice. The writer is obliged to do his job fully and competently as a duty to the One Who has blessed him with the ability to write.
In case the borrower suffers from any form of disability or is under aged, or unable to dictate because of ignorance or an impediment of speech, or any other reason, his guardian, attorney or trustee, may do so on his behalf, showing the same, if not greater, scrupulous fairness.
Witness plays a key role under sharia-based Islamic transactions. The document must be witnessed and signed by two guarantors from among known people.
Witnesses must carry out their duty without fear or favour willingly, honestly and without any pomposity or deference towards either of the parties.
The rights of contract writers and witnesses must be protected. No harm must come either to the document writer or to the witnesses. Bullying and threatening witnesses and contract writers is a great sin which emanates from lack of faith, obedience and Allah-consciousness.
Helping hand
In Islamic lending, the borrower is the one who dictates the terms unlike conventional banks that prescribe lending in mischievous, dishonest and exploitative ways.
All persons involved in the transaction must fear Allah and remember His grace upon them and act in a grateful manner.
Intention, that is purity of motive, is of vital importance as Allah has knowledge of everything.
When a debtor is in a difficult situation, the lender will be rewarded abundantly if he extends the repayment period. This is supported by the sayings of the prophet (SAW).
On the authority of Abu Huraira (RA), the Prophet (SAW) said “Whoever alleviates suffering of someone in distress, who cannot repay his debt, Allah will alleviate his lot in both this world and in the Hereafter.”
There are basically two ways in which we can relieve another person’s debt. If we have lent money, and we know that someone is not able to repay the loan, we can wait until they have the means to repay it. This is in fact an obligation commanded by Allah, when He says:
“And if someone is in hardship, then [let there be] postponement until [a time of] ease. But if you give [from your right as] charity, then it is better for you, if you only knew.” (Quran 2: 280)
A second option would be to reduce the debt or forgive it completely, and that is better for us. Allah is kind, all merciful and forgiving and that’s what he wants us to be towards His creatures.
Creditors often have rude behaviour towards debtors, which is a thing that is not liked in Islam. Creditors should give time for debtors to pay back the debt and loan.
And if the debtor is poor and needy then creditor should behave leniency towards him, instead of cursing or tensing him for debts.
Our beloved Prophet Mohammad (SAW) has advised us to forgive the debt and not to take it back, if the debtor is poor. By doing so one can earn high rewards from Allah in the hereafter and blessings and mercy of Almighty in this world as well.
Abu Qatadah reported: The Messenger of Allah (SAW), said, “Whoever gives relief to his debtor or waives his debt completely, then he will be in the shade of the Throne on the Day of Resurrection.”
Compassion and mercy from the lender plays an important role. It is an Islamic practice that the lender should demand in a good manner and grant time when realizing back his dues.
Scholars have pointed out that if a Muslim does the opposite of this, and demands the debt, making life difficult for that person, then Allah may make life difficult for him both in this life and the next.
In the part of the borrower, a practicing Muslim debtor is required to make repayment promptly. One should not wait until a demand for payment is made.
It is a religious obligation to comply with the agreement and make an effort to pay people’s hard-earned cash. Repayment of debts on time is an Islamic practice while breaking lending contracts puts a Muslim into a precarious crossroads with the laws of Islam.
Abdullahi Jamaa is the founder of The Plu Media, the publisher of www.theplu.co.ke, a news and information portal for Kenya Muslims. You can contact him by mail: editor@theplu.co.ke or follow him on Facebook at Abdul jamaa.
Click to read the following related posts from the author
The Meaning Of Wealth In Islam
Islamic Principles Of Wealth And Prosperity
Business Ethics In Islam
The Idea Muslim Employer
The Ideal Muslim employee
Dealing With Debts In Islam
