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Loans taken during the marriage

Answered according to Hanafi Fiqh by TheMufti.com

Q. A husband and wife are now divorced. Prior to the divorce, the husband took a loan from a friend of R100.000. The wife utilized R80.000 of the loan. Is the wife also responsible to repay the loan taken from the friend prior to the divorce?


A. If a husband took a loan from a friend, it is the responsibility of the husband to repay the loan to the friend.

If others benefited from the loan taken by the husband from the friend, it does not make them responsible for also repaying the loan to the friend.

Allah Ta’ala Knows Best

Mufti Ismaeel Bassa

This answer was collected from TheMufti.com, which is a fatwa portal managed by Mufti Ismaeel Bassa from South Africa.

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