My mother requested my aunty (when she was working in KSA) to get a gold necklace and whatever will be the money she will pay in her country. She got the necklace and gave the receipt (2.5 tolas and the amount was below 15 thousand rupees in the year ’93/94. Due to some unavoidable circumstances, she could not pay that amount. Now she wants to clear that Qarz, but both the person does not remember the amount and the receipt is lost. When we said to her the agreement was for money not the item. They are saying now the gold rate is high and to avoid confusion on this matter better return the same weight of the necklace. Currently my parents are in Mecca for hajj and they want to clear this matter. What is the best solution? They are asking now the gold and my parents cannot purchase the gold and current gold rate amount is roughly 70 thousand. If they are taking the current market rate money/exchange of raw gold whether it is going to be accounted in halal or haram?
Answer:
(Fatwa: 1972/435/D=1432)
It is unlawful for your aunty to demand the gold. When the aunty purchased necklace for your mother and handed it to her, then your mother became the owner of it and its price became due on her. Your mother will have to pay its price. If they remember the price or have the receipt, your mother will pay the price accordingly. If they cannot remember exact price or could not get the receipt, then your mother should pay maximum possible price so that there is no doubt in her mind. Your aunty is not allowed to demand necklace or that much gold or its current price.
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband