Unable to locate creditor for paying a debt

· 20 Jumada I 1436 AH1 min readEnglish
BusinessFiqhGeneral

Question

Mufti Saheb, I took a loan from someone a few years ago. Unfortunately, I cannot locate him now to pay him back the loan. What do I do? Please advise?

Answer

As a debtor, you should exercise all possible avenues in getting in touch with your creditor.

However, if it is not possible to locate the creditor, you may give the money to the poor and needy as Sadaqah (charity) with the intention that the creditor receives the reward thereof. (Shaami)

If however the creditor claims the debt from you after you had given it in charity, the creditor will have a valid claim against you.

And Allah Ta’ala Knows Best

Answered by
Mufti Ismaeel Bassa
Checked by
Mufti Ebrahim Desai
Ask Jamiat KZN

Fatawa SA is an independent, read-only index of fatawa already published by Jamiatul Ulama KZN. It is not a fatwa service. For your own situation, ask the issuing Darul Ifta directly.