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Paying back more than the loaned amount

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: My dad took the money from my uncle and said I will give you the profit as I have to invest it in my business. The profit was fixed either the business goes in profit or loss. Unfortunately there was a loss and my dad could not give back the money as it was agreed. Now I am earning and paying back the money loaned to my father by my uncle. I want to ask do I need to pay back the profit to my uncle as well or I just have to give him back the actual amount took by my father? (e.g my father took 5 lacs and the profit was 1 lac) Do I need to give back 6 lacs or only 5 lacs? Please help me out.

Bismillaah

A: If this was not an agreed partnership but just a loan, then to ask for profit from loan is pure interest. Hence make taubah and just return the capital loan only.

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

 

Answered by:

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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