Debt's nephew but refuses to pay
ASKING:
Assalamualaikum, Chaplain.
Ustadz, my nephew asked to lend me money. Then, I borrowed. When it's time to pay, he always makes excuses and doesn't want to pay. In fact, angry and insulting me.
I've been to his house for gathering, but the door is not opened. Called, not picked up. Sent WhatsApp message, not replied to. Not long ago he said, “if there is one, it will be given. Right now, there's just for eating, thank goodness. " I have a loan to pay off myself.
Ask for solutions and suggestions, Mr. Ustadz. Thank you, thank you suwun.
Salam,
Fulanah
ANSWER:
Wa'alaikumussalam warahmatullahi wabarakatuh.
Accounts receivable is a part of muamalah in life between individuals. Accounts receivable are common and difficult to avoid in this life. Both because of necessity, increased household income, and lifestyle. Hopefully the debts that occur in our lives are really not due to lifestyle.
Accounts receivable in Islam are legal or permissible. However, Islam regulates the procedures for these debts systematically.
In Islam, debt is known as al-Qardh, which etymologically means cutting. Meanwhile, according to syar'i, it means to give wealth based on love to anyone who needs it and it will be used properly, which one day the property will be returned to the person who gave it.
Adab or general procedures:
- Religion allows debts, for good purposes. Borrowing or giving loans for immoral purposes is not justified. (Narrated by Bukhari, Muslim, Ibn Majah, Hakim)
2. Payment must not exceed the loan amount. The difference between loan payments and repayments is usury. If you borrow a million, get back a million, no more. There may be an overpayment, in the form of a gift, as long as it is not previously awarded. (Narrated by Bukhari, Muslim, Abdur Razak).
- There should be no other conditions in the accounts receivable except the (time) of payment. (HR. Ahmad, Nasa'i).
Adab in particular:
First, people who want to go into debt should really be forced to or because they need it.
Second, people in debt should have a strong intention to return. People who have this kind of intention will be helped by Allah Subhanahu Wata'ala. From Abu Hurairah, he said that the Prophet Subhanahu Wata'ala said: "Whoever takes someone else's property (owes) with the aim of repaying it (returning it), then Allah subhanahuwata'aala will pay it for him. And whoever takes it to spend it (does not pay it), Allah will destroy it. " (History of Bukhari)
Third, it must be written and witnessed. Two parties who conduct debt transactions should be written and witnessed by another person. This is explained in the word of Allah Surat al-Baqarah [2] verse 282.
Fourth, people in debt should immediately pay off their debts if they already have money and give gifts to those who make loans. Rasulullah said, "Delaying (payment) for people who are able is an injustice." (Bukhari's history).
Fifth, if the debtor is not able to pay off due to conditions, you should give the borrower a payment period so that it is easier to pay. (HR. Muslim, Ahmad)
Now, from the case being asked, it needs mediation or someone closest to you, so that the loan agreement can be completed properly and sincerely.
Wallâhu a'lam bish-showâb.
Regards!
Answered by: Ustadz H. Ahmad Fauzi Qosim.
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