Debtors refusing to pay

Answered according to Hanafi Fiqh by

Q: I have lent money a couple of years ago and two people gave me both each guarantee of cheques. Four years passed and non of them paid me. I have struggled so much. And many things I could not pay and went only higher and higher. I am in many debts. I don’t work as a single mother due to health problems. And my child is 2 years at home because I can’t pay her school. If the people pay me each the amounts of the cheques do I have the right to keep the money because I have a court case against them. I have waisted a lot of time and effort going to police stations and court in the past 4 years.


A: If the cheques are the cheques of the debtors, then you may cash the cheques and retrieve the debt owed to you.

And Allah Ta’ala (الله تعالى) knows best.


Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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