7 Rules in Debt collecting (Part 01)

7 Rules in Debt collecting (Part 01)

7 Rules in Debt collecting

Author: Ustadz Ammi Nur Baits (Advisory Board of Konsultasisyariah.com)

In the name of Allah, peace and prayer of Allah be upon His messenger, amma ba’du,

In Islam, theres no deed that is wasted, even just by giving a small aid to others, including lending money to others that is sure to be returned. While we know that lending money for a short period will not decrease our wealth, aside from the propaganda of the disbelievers about devaluation of money over time (time value of money).

However, mostly the creditor are worried when their money is in other people’s hand. And Allah the Most Generous never waste righteous deed of His slave; even though the only thing that he sacrifices is his feeling and anxiousness over the credit, Allah will replace it with His reward.

In a hadith from Ibn Mas’ud, the Prophet –peace and prayer of Allah be upon him- said,

كل قرض صدقة

“Every credit to other is an alms.” (Narrated by Thabrani with a good status, by al Baihaqi, and classified as valid hadith by al Albani)

Next, from Abu Umamah, the Prophet –peace and prayer of Allah be upon him said, “There is man who enters the Paradise, and finds a writing on its door,

الصدقة بعشر أمثالها والقرض بثمانية عشر

“An alms is valued tenth times (its original value) and debt is worth 18 times.” (Narrated by Thabrani, al Baihaqi, and classed valid by al Albani in “Shahih Targhib”)

Also from Abdullah Ibn Mas’ud –may Allah be pleased with him- , the Messenger of Allah –peace and prayer of Allah be upon him- said,

مَنْ أَقْرَضَ اللَّهَ مَرَّتَيْنِ، كَانَ لَهُ مِثْلُ أَجْرِ أحدهما لو تصدق به

Whoever lend other people money twice, because of Allah, will get a reward as spending the money in charity for once. (Narrated by Ibn Hibban no. 5040, and classed good by Shuhaib al Arnauth).

Moreover, when the debtor is having trouble to pay his debt, and the creditor postpone the due date, the Messenger of Allah –peace and prayer of Allah be upon him- said,

مَنْ أَنْظَرَ مُعْسِرًا أَوْ وَضَعَ لَهُ، أَظَلَّهُ اللَّهُ فِي ظِلِّهِ يَوْمَ لا ظِلَّ إِلا ظِلُّهُ

Whoever give a delay In the pay off time for person has difficulty in paying his debt, or free him from that debt, Allah will shade him under His shade (His great throne) on the Hereafter when there are no shades but His (throne’s) shade.” (Narrated by Ahmad, 2/359, Muslim, 3006, and Turmudhi no. 1306, classed valid by Al Albani).

Several rules in Debt collecting

Islam has set some rules regarding debt and credit so that the creditor wont be trapped into committing mistake and major sin that will render his deed wasted. The sin is the sin of usury and oppression, since generally, usury and oppression happen in the matter of debt and credit.

Firstly, Islam suggests that the transaction of debt and credit shall be recorded, particularly if the level of trust is low. It is all in order to prevent the future feud to take place. Allah decreed,

يَا أَيُّهَا الَّذِينَ آمَنُوا إِذَا تَدَايَنْتُمْ بِدَيْنٍ إِلَى أَجَلٍ مُسَمًّى فَاكْتُبُوهُ وَلْيَكْتُبْ بَيْنَكُمْ كَاتِبٌ بِالْعَدْلِ

Believers! Whenever you contract a debt from one another for a known term, commit it to writing. Let a scribe write it down between you justly, (Chapter al Baqara/The cow:282)
In “Tafseer as Sa’di”, it is said that,

الأمر بكتابة جميع عقود المداينات إما وجوبا وإما استحبابا لشدة الحاجة إلى كتابتها، لأنها بدون الكتابة يدخلها من الغلط والنسيان والمنازعة والمشاجرة شر عظيم

The order to record every contract of debt might be obligatory, or as suggestion. Bearing in mind the great need to record it, because without recording, it is highly probable for a mistake, forgetfulness, clash, and feud to happen, and those are great evil. (See: Taisir al-Karim ar-Rahman, page. 118).
Secondly, Allah orders the creditor to postpone the pay off time, when the debtor is having trouble in paying his debt. .

وَإِنْ كَانَ ذُو عُسْرَةٍ فَنَظِرَةٌ إِلَى مَيْسَرَةٍ وَأَنْ تَصَدَّقُوا خَيْرٌ لَكُمْ إِنْ كُنْتُمْ تَعْلَمُونَ

But if the debtor is in straitened circumstance, let him have respite until the time of ease; and whatever you remit by way of charity is better for you, if only you know.(Chapter al Baqara/ The cow:280)

Al Hafidz Ibn Katsir said,

يأمر تعالى بالصبر على المعسر الذي لا يجد وفاء، فقال: { وَإِنْ كَانَ ذُو عُسْرَةٍ فَنَظِرَةٌ إِلَى مَيْسَرَة } لا كما كان أهل الجاهلية يقول أحدهم لمدينه إذا حل عليه الدين: إما أن تقضي وإما أن تربي ثم يندب إلى الوضع عنه، ويعد على ذلك الخير والثواب الجزيل

Allah orders the creditor to be patient to people who is in trouble and unable to pay off his debt. “But if the debtor is in straitened circumstance, let him have respite until the time of ease”; unlike the tradition of the ignorants. They threatened the debtor when the due time arrived, “You pay your debt or there’ll be additional payment (usury).” Then Allah suggests to redeem his debt, and He promises goodness and great rewards for him.” (See: Tafseer Ibn Katsir, 1/717).

The Messenger of Allah –peace and prayer of Allah be upon him- promised the creditor the reward of charity during the postponement. He said,

مَنْ أَنْظَرَ مُعْسِرًا كَانَ لَهُ بِكُلِّ يَوْمٍ صَدَقَةٌ، وَمَنْ أَنْظَرَهُ بَعْدَ حِلِّهِ كَانَ لَهُ مِثْلُهُ، فِي كُلِّ يَوْمٍ صَدَقَةٌ

Whoever gives delay to people who is in difficulty, will get the reward of charity for every day (that passes). And whoever gives delay to him after the due time, will get the reward of charity as the money he lent for every day (that passes). (Narrated by Ahmad no. 23046, ibn Maja no 2418, classed valid by Shuhaib al Arnauth).
Hope this explanation benefits you.

To be continued, insya Allaah.


Description: what is the lslamic ruling about someone who collect charity based on usury to pay her debt

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