Fatwa ID: 08454

 

 

Answered by: Maulana Yusuf Badshah

 

Question:

 

During the marriage, a total debt of approximately £60,000 was incurred, with both parties contributing toward its repayment. I covered half of this debt during the marriage. The remaining portion, which the husband was responsible for, was owed to his parents.

 

The husband’s father had previously stated that the outstanding debt would be waived following an accident involving his son. However, despite this assurance, the husband’s family is now seeking repayment from me, amounting to £30,000.

 

This sum includes:

 

£10,000 which was used as part of the deposit for a house that is solely in the user’s name.

 

£20,000 that was used for house renovations.

 

What is fair? What should I do.

 

The house is mine and I live here with our three children (all under 6).

 

 

 

In the name of Allah, the Most Gracious, the Most Merciful

 

Answer:

 

You need to be clearer with the details of this matter. Did your husband officially agree to be responsible for half the debt, despite the house being your property? Is there a reason why the house is your property and not in joint ownership, despite the husband’s family paying towards the purchase? Did the husband’s father officially agree to waive the debt, or did they imply they would do so in the future? Do you have evidence or witnesses to support the statements you have made?

 

If your husband had explicitly agreed to pay off the remaining £30000 of debt, or his father explicitly stated that he has excused the remaining debt, then it would generally be incorrect for either of them to go back on their word and demand that you pay for the outstanding debt [1].

 

But regardless of who is morally correct, if you seek a resolution or judgement then this is a matter for a local Qadhi, Mufti, Islamic Council or Imam to step in after having heard the claims and evidence of both sides and determine the correct course of action [2].

 

 

References:

 

[1] Surah Al-Isra’ 34:
{ … وَأَوْفُوا۟ بِٱلْعَهْدِ ۖ إِنَّ ٱلْعَهْدَ كَانَ مَسْـُٔولًۭا ۞}

 

 

Raddul Muhtar, vol. 3, pg. 705, Darul Fikr:

(قَوْلُهُ وَهِيَ كَبِيرَةٌ مُطْلَقًا) أَيْ اقْتَطَعَ بِهَا حَقَّ مُسْلِمٍ أَوْ لَا، وَهَذَا رَدٌّ عَلَى قَوْلِ الْبَحْرِ يَنْبَغِي أَنْ تَكُونَ كَبِيرَةً إذَا اقْتَطَعَ بِهَا مَالَ مُسْلِمٍ أَوْ آذَاهُ، وَصَغِيرَةً إنْ لَمْ يَتَرَتَّبْ عَلَيْهَا مَفْسَدَةٌ، فَقَدْ نَازَعَهُ فِي النَّهْرِ بِأَنَّهُ مُخَالِفٌ لِإِطْلَاقِ حَدِيثِ الْبُخَارِيِّ «الْكَبَائِرُ الْإِشْرَاكُ بِاَللَّهِ، وَعُقُوقُ الْوَالِدَيْنِ، وَقَتْلُ النَّفْسِ، وَالْيَمِينُ الْغَمُوسُ»

 

 

[2] Surah An-Nisa’ 59:
{ يَا أَيُّهَا الَّذِينَ آمَنُوا أَطِيعُوا اللَّهَ وَأَطِيعُوا الرَّسُولَ وَأُولِي الْأَمْرِ مِنكُمْ ۖ فَإِن تَنَازَعْتُمْ فِي شَيْءٍ فَرُدُّوهُ إِلَى اللَّهِ وَالرَّسُولِ إِن كُنتُمْ تُؤْمِنُونَ بِاللَّهِ وَالْيَوْمِ الْآخِرِ ۚ ذَٰلِكَ خَيْرٌ وَأَحْسَنُ تَأْوِيلًا ۞}

 

 

 

Only Allah (عز وجل) knows best.

Written by Maulana Yusuf Badshah

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham