Took a bank loan and did not repay it

23-12-2010 | IslamWeb

Question:

Al Salaam Alaykum Wa Rahmatoullah I would be grateful if you could kindly give me an answer on the following issue. I took a loan from a bank six years ago, without knowing anything about what in sharia we call Riba, and I paid some instalments. After few months, I left my job and took my savings, including the loan money, abroad to get married and buy a property and have not paid anything to bank ever since. Now, I realised that this is haraam, and I am willing to return the loan money that I have taken, in order to clean myself from sins, but I am concerned about going directly to the bank, as that will complicate things in term of legal liabilities and debt repayment penalties, and may involve prison term. So, is it possible to give the money to very poor families instead of giving it to the bank? Jazaakum Allah Khayran. Salfi
Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad sallallaahu `alayhi wa sallam ( may Allaah exalt his mention ) is His slave and Messenger.

If you had borrowed money with Riba (interest and/or usury) while not knowing the Sharee'ah ruling of that and you were not negligent in failing to ask about it, then you are excused and you are not sinful, Allaah willing, as Allaah Says (what means): {So whoever has received an admonition from his Lord and desists may have what is past, and his affair rests with Allaah.}[Quran 2:275]

As regards the property which you bought with this Riba-base loan, then it is your property and it is permissible for you to benefit from it like all other property that you have, and you are only obligated to pay the original debt amount to the bank without any interest. Concerning interests, it is not permissible for you to pay it unless you are obliged to do so as we clarified in Fataawa 84434 and 81346.

However, it is not acceptable to donate in charity the original debt since the bank still exists, rather you may send them the money in a way that you will not be harmed.

Allaah Knows best.

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