Monday, November 19, 2012

Tawbah - He is afraid to return themoney to the bank in case he is questioned and put in prison; shouldhe give it in charity?

I took a loan from a bank six years ago, without knowing anything
about what in sharia we call Riba, and Ipaid some instalments. After
few months, I left my job and took my savings, including the loan
money, abroad to get married and buy a property and have not paid
anything to bank ever since. Now, I realised that this is haraam, and
I am willingto return the loan money that I have taken,in order to
clean myself from sins, but I am concerned about going directly to the
bank, as that will complicate things in term of legal liabilities and
debt repayment penalties, and may involve prison term. So, is it
possible to give the money to very poor families instead of giving it
to the bank?.
Praise be to Allaah.
Firstly:
It is haraam to take a loan on the basis of riba;the one who does that
has to repent to Allah, may He be exalted, but he does not have to
return anything except the capital. As for the interest (riba), he
does not have to pay it and hecan use a trick to avoid paying it so
long as that will not result in harm for him.
Secondly:
You have to return the loan to the bank by any possible means, and it
is not acceptable for you to give the money in charity, because giving
the money in charity is only an option when theowner or the one to
whom it rightfully belongs is not known, orit is not possible to send
it to him, in which case you may give it in charity on the basis that
if you find the rightful owner, you will give himthe choice between
approving of the charity or taking his due.
The bank is the rightful owner in this case, and is known. So you have
toreturn the money to it and you have to look fora means that will let
you avoid questioning and punishment.

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