Losses and debts due to injustice
Fatwa No: 82292

  • Fatwa Date:12-8-2000 - Jumaadaa Al-Oula 12, 1421
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Question

Assalamalaikum, I have the following question for your response and possible guidance . Jazakumullah Khair. If a person 'A' is not only deprived but also put to a great loss as a result of charges, which years later are proved to be mere accusations. 1) Who is responsible for the huge lossess incurred by 'A'? 2) If there are not only losses,but also huge debts as a result of these false accusation. Whose responsibiity is it to repay the debts? 3) Assuming that 'A' has lost all ability to earn back even the livelihood leave alone clearing the debts; will the debt burden be carried forward to his children ? if yes? How much of it?

Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.

Whoever is oppressed or his right is ravished he should try to take back his right if he can do so. If he can not do so for any reason, surely Allaah will take his rights for him on the Day of Judgment. Allaah Says (Interpretation of meaning): {There will be no friend, nor an intercessor for the Zaalimoon (polytheists and wrong-doers, etc.), who could be given heed to. } [Quran 40:18]

Imam Muslim narrated from Abu Hurayrah   may  Allaah  be  pleased  with  him that the Prophet, sallallaahu ‘alayhi wa sallam, said: “Allaah will definitely enforce the settlement of all dues to those entitled to receive them on the Day of Judgment; even the wrong done to a hornless goat by a horned goat, will be redressed."

'Aa'ishah   may  Allaah  be  pleased  with  her reported from the Prophet, sallallaahu ‘alayhi wa sallam, that he said: “One who usurped the smallest piece of land, will be punished by Allah by having seven earth's to be suspended around his neck. ”  [Al-Bukhari and Muslim].

The person who caused those losses is the one who responsible for them. If you caused those losses then you are responsible for them. If a person cheated you or falsely accused you then he will be responsible before Allah and the people after knowing the truth. If you are not able to prove your innocence and remove those false accusations then you are responsible before the people and you should pay those debts and your inheritors after your death from your money if you have money. But you will be excused if the lenders free you from their debts. You should believe that injustice will not go unpunished. Even if one escapes the torment of Allah in this life, he will never escape from His torment in The Day of Judgment. The Prophet, sallallaahu ‘alayhi wa sallam, said: “I am after all a human being. Your disputes come to me for decision. It is just possible that one party might be well versed in the art of argumentation and be adept in presenting his case. Accordingly I decide the case in his favour. But if I decide in favour of a person not entitled to the thing, I do not allow him but a piece of fire (i.e. the person receiving it will go to Hell). ” [Al-Bukhari and Muslim].

Allaah knows best.

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