Jamiatul Ulama KZN

Prescription of Debts

· 1 Dhuʻl-Qiʻdah 1442 AH1 min readEnglish

Question

a non muslim associate has asked me advise on an outstanding debt.

the individual is a land surveyor who has surveyed a property for a muslim businessman.the job was completed and the client was billed for the professional services .the account outstanding is now 3 years old.the muslim businessman has now responded that he is no longer obliged to pay the account, stating that it is ‘prescribed”meaning that it is longer that 3 years old and the law states that he is not obliged to pay the debt.note .there was no dispute,the survey was utilized by all professionals and the project was completed.

Answer

Islam does not accept or recognize the prescription of debts. A debtor is bound to pay his creditor irrespective of the time period that has lapsed and the legal loopholes that absolve him of the debt.

The Muslim businessman must honour his obligation and pay the debt. The law of the land may remove the legal obligation of paying the debt but he will remain liable in the court of Allah. If the debt is not paid in this world, there will certainly be accountability for it in the hereafter.

And Allah Ta’ala Knows Best

Answered by
Mufti Moosa Salie
Checked by
Mufti Ebrahim Desai
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Source: Jamiatul Ulama KZN — https://jamiat.org.za/prescription-of-debts/
Fatawa SA: https://fatawa.co.za/fatwa/jamiat-18658

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