Home » Hanafi Fiqh » Daruliftaa.com » Is it permissible for a Muslim to send delinquent clients with outstanding accounts to a collection agency when it is possible that the said agency will charge interest to the individual if they do not pay within a certain time? Not all of the clients will be charged interest, but some of them will.

Is it permissible for a Muslim to send delinquent clients with outstanding accounts to a collection agency when it is possible that the said agency will charge interest to the individual if they do not pay within a certain time? Not all of the clients will be charged interest, but some of them will.

Answered as per Hanafi Fiqh by Daruliftaa.com

Is it permissible for a Muslim to send delinquent clients with outstanding accounts to a collection agency when it is possible that the said agency will charge interest to the individual if they do not pay within a certain time? Not all of the clients will be charged interest, but some of them will.

ANSWER

In the name of Allah, Most Compassionate, Most Merciful,

When you send a Muslim to the mentioned collection agency and you are confident that he will not default and will pay his bill before any interest becomes due, and also that his habit and past experience shows that he will pay in time, then it will be permissible for you to refer him to the said agency.

If however, you are aware that he will not pay his bill on time and thus be involved in interest, then it will not be permissible.

If there is no knowledge of his past experience and you do not incline towards any direction, then it is better not to send the Muslim to the agency. However, it would be permissible.

This ruling is based on the concept of being a cause for somebody else’s sin.

Imam al-Shatibi (Allah have mercy on him) mentions this in detail in his famous treatise al-Muwafaqat.

The great Hanafi jurist, Allama Ibn Abidin (Allah have mercy on him) states:

“If you are the main cause for a sin (meaning if the cause would not have been present, there was no reason for him to sin), it will be Haram, otherwise it will be Makruh.” (Radd al-Muhtar)

And Allah Knows Best

[Mufti] Muhammad ibn Adam
Darul Iftaa
Leicester , UK

This answer was collected from Daruliftaa.com, which is headed by Mufti Muhammad ibn Adam Al-Kawthari. He’s based in the United Kingdom.

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