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I gave 60,000 rupeese to my father in law as debt so he can get rid of bank loan. now i know that he is unable to pay back my money.

Answered as per Hanafi Fiqh by Askimam.org

I gave 60,000 rupeese to my father in law as debt so he can get rid of bank loan. now i know that he is unable to pay back my money. and I’m not asking for it yet. but whenever he passes away, his propety will be sold out and then i’ would be paid my money. when i gave him money it was 14,000 rs per 10 gram gold at that time which is now 24,000 rupeese and of course it will go on and on. so we never know when his property will be sold out while he is still alive and is in good health. it might take 10 to 20 years. at that time my money will be of no value. so is it possible that if they [my in laws] pay me the amount of 40 gram gold of that time or no i will still get just 60,000 Rs.

i didn’t make this condition at the time of giving the money. if it is legal then can i make this condition now for them

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatuh

You gave Rs. 60, 000 in the form of money as a loan. You will be entitled only to that amount. You cannot link up your loan to the value of gold and claim the value of gold as you did not loan your father-in-law gold.

And Allah knows best

Wassalam

Mufti Ebrahim Desai
Darul Iftaa, Madrassah In’aamiyyah

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This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

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