FRIDAY LEARNING ZONE FROM WESSEX JAMAAT
24th Rabi’ al-Awwal 1428 AH / 13th April 2007
No. 15
THE KINDS OF DHULM – CON’T
We are looking at the second kind of Dhulm, which is HABSUL-HUQOOQ i.e. ‘to confiscate the possessions and belongings of others’. One of the things that is considered as HABSUL-HUQOOQ is NOT paying the Shar’ee Huqooq such as Khums and Zakat as discussed in the last FLZ article.
The second thing, which is also considered, as Habsul-Huqooq is non-repayment of Qardh, i.e. Loans that we take from one another.
QARDH (Loan) is of two kinds: One is QARDH-E-MU’AYYAN and the other is QARDH GHAYRE MU’AYYAN. QARDH-E-MU’AYYAN is the loan in which the period of repayment is stipulated. QARDH GHAYRE MU’AYYAN is the loan in which the repayment period is not stipulated. In the case of QARDH-E-MU’AYYAN where the period has been stipulated, one who gives such a loan does NOT have the right to claim the money before the period is over. Even if the person who had taken the loan dies, it cannot be claimed from his family. The period must be honoured. And in the case of QARDH GHAYRE MU’AYYAN where the period has not been stipulated, if the person who had taken the loan dies, it becomes wajib upon the family members to immediately settle the loan. They cannot say: “But the period has not been stipulated”. In addition to this: When the period of loan expires or in the case of loan for which the period of repayment has NOT been stipulated, one who has given the loan has every right to claim back his money and it is absolutely wajib upon the person who had taken such loan to pay back! (Gunahaane-Kabeera)
Regarding QARDH or loans, there are certain points that should be understood clearly:
Firstly, Islam more than giving of SADAQAH i.e. ‘Alms’ has encouraged giving of QARDH or loans to those who are in dire need. The Holy Prophet (saww) has said, “One to whom his Muslim brother comes to ask for a loan and despite his ability he does NOT loan him, Allah will deny him the fragrance of Paradise”. (Aamaali-e-Sadooq) The Holy Prophet (saww) also said, “In the night of Me’raj I noticed that it was written on the door of Paradise: THE REWARD OF SADAQAH IS TEN FOLDS AND THE REWARD OF QARDH IS EIGHTEEN FOLDS. I asked Jibrael: ‘why giving of loan is better than SADAQAH? Jibrael said, ‘A person can always beg (for Sadaqah) even when he is not a deservant whereas one who takes loan does NOT take it unless he is in dire need’”. (Kanzul-‘Ummaal)
Secondly, where giving of QARDH has been highly encouraged, we have also been told that there should be a written agreement between the persons giving and taking the loan, in which the conditions are clearly and justly stipulated. This is to avoid any unnecessary friction in the future. Allah (SWT) says: “O you who have faith! When you contract a loan for a specific term, write it down”. Let a writer writes between you justly (honestly)”. (2:282) The Ahkaam (laws) of giving and taking loans has been mentioned in detail in the Masa’il Books of our Mujtahideen under transactions.
Thirdly, the person who is taking the loan must have the intention of paying back.
Some people take this matter lightly. They take loans from others but do NOT have the intention of paying back. Such people have been termed as SURRAAQ in Islam, which means ‘thieves’. Imam Ja’ffar as-Sadiq (as) has said, “When a person takes a loan and does NOT have the intention of paying, he is considered as a thief”. (Wasail al-Shia’h) He (as) has also said, “Thieves are of three kinds: One who does NOT pay Zakat One who denies his wife her Mahr, not giving importance to it; And who takes loan without the intention of paying back”. (Khisaal)
THE TWO IMPORTANT POINTS
There are two important points, which we must also understand about Qardh: One is for those who TAKE loans and the other is for those who GIVE loans. Those who TAKE loans should know that it is highly Mustahab recommended that you repay your loans as soon as possible during your lifetime. Do not take it lightly otherwise there will be problems in the Hereafter. Confiscating the rights of others is a Dhulm. Ahmad bin Abil-Jawzi has narrated that: I was always very fond of seeing in my dream Abu Sulayman Darrani who was considered as a most pious person during his life. One year after his death, my wish was fulfilled and I saw him in my dream. So I asked him, “Tell me how were you treated after death?” Abu Sulayman said, “O Ahmad! One day, as I was entering the town from its small gate, I saw a camel carrying hay. Without seeking permission from its owner, I just pulled out one straw to pick my teeth and its now one year since my death, I am suffering from the hisaab of what I did”. (Bihar al-Anwaar)
And as for those who GIVE loans to others, they should also learn to exhibit mercy. If someone cannot repay the loan on time owing to genuine reasons, then depending on the circumstances, he or she should be either given more time, or if possible, forgiven. But such a person should not be pushed so hard that he falls into more troubles! Imam Ja’ffar as-Sadiq (as) has said, “One who wishes Allah to provide him with shelter under His throne on the day when there shall be no shelter, then he should, without pressurising, give time to the person whom he has loaned or even forgive him”. (Wasail al-Shia’h)