FatwaFederal TerritoriesTransactions & Finance
AL-KAFI #843 : HUKUM MEMBAYAR HUTANG YANG TELAH DIHALALKAN
Must a debt be repaid if the creditor had forgiven it but later claims it again because he forgot?
Short answer
The borrower is not obliged to repay and is released from the debt, since the creditor waived it voluntarily without coercion.
A reference, not a fatwa. First sentence of the summary below — read the original fatwa and consult your state authority before acting.
- Authority
- Federal Territories Mufti Office
- Date
- Status
- Opinion (irsyad)
- Series
- Al-Kafi li al-Fatawi
- Topic
- Transactions & Finance
No evidence of gazettement in the source — this is not a gazetted fatwa.
Summary
The borrower is not obliged to repay and is released from the debt, since the creditor waived it voluntarily without coercion. This accords with the concept of al-sulh and the legal maxim that what has been waived does not return. If the creditor denies the waiver and brings proof of the debt, the borrower must swear an oath to defend himself, and a false oath incurs punishment in the hereafter. Both parties are advised to record any decision to waive a debt to prevent later claims.
Written in our own words from the original fatwa — check the source before acting on it.
Dalam isu ini, kami berpandangan bahawa peminjam Tidak Wajib dan Terlepas dari kewajipan membayar balik hutang tersebut.
Read the full fatwa on the Federal Territories website (new tab)
How to cite
Cite the original fatwa and its authority. Rujuk Fatwa is only where you found it.
Federal Territories Mufti Office. “AL-KAFI #843 : HUKUM MEMBAYAR HUTANG YANG TELAH DIHALALKAN”, 12 October 2018. https://muftiwp.gov.my/ms/artikel/al-kafi-li-al-fatawi/2660-al-kafi-843-hukum-membayar-hutang-yang-telah-dihalalkan. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/repaying-a-debt-that-was-forgiven/