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Friday, November 16, 2012

He was late in paying back in instalments so hesuggested rescheduling the payments and increasing the amount

My question is about buying by instalments. For example if I buy a
product for one thousand pounds, for example, and I sell it for
instalments over a specific period for one and a half thousand, for
example, but it so happened that one of the customers was several
months late in making a payment, then after that he asked me to
increase the price of the product and hence to increase the size of
the instalments, because of his lateness in paying.He also asked me to
reschedule the paymentsbased on the new price – for example instead of
paying a monthly instalment of 150 pounds, he would now pay a monthly
instalment of 170 pounds. My question is: is this increase in the
amount of the instalment considered tobe riba?.
Praise be to Allaah.
Firstly:
It is permissible to sell byinstalments for a price that is higher
than the price paid in cash, as hasbeen explained previously in the
answerto question no. 13973
Secondly:
If the purchaser who owes money is late in paying instalments that
were due on a particulardate, it is not permissibleto force him to pay
any money that is additional to the debt, because thatis riba which is
haraam, as was stated in a resolution of the Islamic Fiqh Council.
Please see the answer to question no. 1847
This is the riba of the jaahiliyyah, which the Muslims are
unanimouslyagreed is haraam. (During the jaahiliyyah) payment of the
debt would be postponed in return for increasing theamount owed.
Based on that, what the purchaser has suggestedof rescheduling the
payments and increasingthe amount of the instalments because of the
delay is a suggestionthat is invalid according to sharee'ah, and it is
not permissible for you to accept it, because it is riba which is
haraam, even if the purchaser agrees to it. You have to wait and give
him extra time until he is able to pay you back, as Allah, may He be
exalted, says (interpretation of the meaning):
"And if the debtor is in a hard time (has no money), then grant him
time till it is easy for him to repay"
[al-Baqarah 2:280].
If the purchaser has enough money to pay off the instalments, but he
is taking too long to do that and is delaying itwithout any excuse,
thatis haraam for him.
And Allah knows best.

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Published by :->
M NajimudeeN Bsc- INDIA

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