If there is no evidence to show the relative has taken credit, should the family pay the amount?

Answered according to Hanafi Fiqh by Askimam.org

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykumwa-rahmatullāhiwa-barakātuh.

One of my relative had takeb debts from many people , not certain about how much was the debt and from whom.

The relative expired, his family is unaware of the debts as the relative never shared anything with them.

In this scenario, if the creditor or donor reaches the family asking for the money, what should be done ?

As there is no evidence to show the relative has taken creditm, should the family pay the amount ?

Considering if the family pays the money of one person, even others tend to do the same ?

Please advise.

 

Jazak Allah.

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

According to the Islamic Law of Succession and Inheritance, distribution of an estate will only commence after funeral expenses, debts (including legal costs) and bequests (if any) made to non-heirs – which will not exceed one-third(1/3) of the Estate after debts and funeral expenses have been settled. Thereafter, all assets form part of the Nett Estate and will have to be distributed according to the Islamic Law of Succession and Inheritance.

 

It is the responsibility of the executors of the estate to pay the debts of their deceased from  his estate. If a creditor requests for the payment of his debt and he has provided Shari evidence of the debt, then the executor has to pay the debt. If the creditor is unable to provide Shari evidence and the executors or the heirs are unaware of the debt, they are not liable to pay the amount claimed by the creditor. 

 

And Allah Ta’āla Knows Best

Hafizurrahman Fatehmahomed 

Student Darul Iftaa
Netherlands 

Checked and Approved by,
Mufti Ebrahim Desai.

 

Sidebar