Q: To what extent can a person go, in shariat, when it comes to a person getting his money out of a debtor.
1. Can he resort to violence by sending someone behind the debtor to give him a good thrashing?
2. If a person hired a debt collector, can he impose the fees on the debtor as he was the cause of these undue expenses?
3. If not, will the masalah change if the debtor had signed before taking goods on account, that in the event of default in payment, all expenses incurred to retrieve the debt will be borne by the debtor?
4. Can one send someone to forcefully take the debtors car away and sell it to retrieve his money?
5. If one comes to know that someone else is owing the debtor some money, can one take that money straight from that person without the debtor’s qabdah or allowance? Will this be permissible for the person owing the debtor the money, i.e. will his debt be discharged?
A:
1. Don’t use violence.
2. No.
3. No.
4. Using force etc. is not a suitable solution.
5. It is only permissible with mutual consent.
And Allah Ta’ala (الله تعالى) knows best.
Answered by:
Mufti Ebrahim Salejee (Isipingo Beach)