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Qardh-e hasanah to an Islamic organisation

Answered according to Hanafi Fiqh by Askimam.org

This is an urgent matter and I request if you can reply as soon as you can.

In the UK, many people gave qardhe hasanah to an islamic organisation run by ulama between 2005 and 2010. The total amount of the qardhe hasanah given was nearly 1 million pounds. Some people gave few thousand pounds and some others gave more. For past few years, some of these people have requested the islamic organisation for qardh hasanah to be returned.  Sadly, the islamic organisation is not responding to phone calls of the people and is ignoring the requests. The organisation is not willing to talk to the people who gave the qardh hasanah. Many people have been told that they will not get the qardh money back. It is also worth noting that the islamic organisation has several branches and has access to funds. Those people who gave qardh are trying very hard but they get no good response. Those who ask for qardh are ridiculed. There is complete silence from ulama and people’s confidence in ulama of deoband and madaris is weakening.

In light of the above, if you can kindly answer the following as a matter of urgency:

  1. What is the islamic ruling on an islamic organisation to repay qardh hasanah?
  2. What is the islamic ruling on an islamic organisation that has taken qardh hasanah but refuses to acknowledge those who have given the qardh and meet with them?
  3. What is the ruling on an islamic organisation that ridicules those who rightfully ask for their qardh hasanah back? 
  4. If after exhausting all options, and trying through ulama and other madaris for more than 4 years, the Islamic organisation does not respond to the person who has given the qardh hasanah, and the islamic organisation ridicules him, is it permissible as a last resort for the person to try through the courts to get his qardh hasanah back?
  5. What is your advice to the ulama who are running the islamic organisation?
Answer

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

Assalāmu ‘alaykum wa rahmatullāhi wa barakātuh

We are not in a position to comment on the specific case mentioned in your question. Was it made clear when giving the “qard e hasanah” that the money will be returned? On what grounds is the organisation refusing to repay the “qard e hasanah”?

And Allah Ta‘ālā Knows Best

Zameelur Rahman

Student Darul Iftaa
UK

Checked and Approved by,
Mufti Ebrahim Desai.

www.daruliftaa.net

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

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