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Unpaid Debt: My Struggle with Borrowing $40,000 from a Friend in America

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: I borrowed 40000 US dollars from a friend of mine in America in 2008, which was equal to Rs 2500000 at that time. Our verbal agreement was to return the money in dollars. I could return $33000 through money changer, then there was a ban to transfer of dollars to another country. My friend passed away in America. I informed his family about the remaining amount and requested to collect that through someone travelling to Pakistan. After that there was no answer. I sent a registered letter on the given address but that letter returned to me as there was nobody to receive it. There had been correspondence on that address. I tried to trace them by other means but could not find them. Three years have passed. The Dollar rate has increased more than double. Please advise me in this regard.

Bismillaah

A: Since the loan was in dollars, the loan repayment will also have to be in dollars. Keep the money with you and continue to make an effort to trace the rightful heirs of the deceased and thereafter return the money to them.

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 MuftiOnline.co.za, 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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