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					                                    SUMMARY OF MAJLIS

Date:      8th Rabi‟ al-Awwal 1426 AH/ 16th April 2005

Occasion: Martyrdom of Imam Hasan al-„Askary (as)

Topic:     QIYAMAH – Part 9

“And none denies it except every sinful transgressor”. (83:12)

CONTINUATION ON DHULM:

There are some deeds and actions, which Allah (SWT) has explicitly called them as Dhulm and
the people who commit those actions are considered as Dhalimeen meaning ‘those who are
unjust’.

Among such actions, one is that of Habsul-Huqooq meaning ‘to confiscate the properties and
possessions of others unjustly’. According to our ‘Ulama, there are three things that are
considered as Habsul-Huqooq. One of them, which we discussed, is: NOT PAYING OF SHAR’EE
HUQOOQ SUCH AS KHUMS & ZAKAT.

Imam Ja’ffar as-Sadiq (as) has said, “On the Day of Qiyamah, the worst condition will be of
a person against whom the deservants of Khums will testify saying: „O Allah! This
person blocked our dues; utilized them for his own purpose and did not pay us anything
from them‟. Allah (SWT) will then compensate those people with the good deeds of such
a person; and the same case is with Zakat”. (Li-aalil-Akhbaar)


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)


POINTS TO UNDERSTAND ON QARDH

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 of giving and taking loans have 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)

TWO IMPORTANT POINTS:

Since we are talking about QARDH, there are two important points, which we must also
understand: 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)




Mulla Mujahidali Sheriff
mulla@almahdi.org.uk

				
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