Demanding extra for an old debt due to inflation
Question
I wanted to enquire regarding a debt that was owed from the past. My family and I recently found out that we have an amount that is owing to a family member from 1998, and they demanded that the amount should be increased due to the fact that the money back in the past does not have the same value in the present day.
Islamically I wanted to find out if it would be correct to increase the amount owing to factor in the above or would this be prohibited and the amount would still be the same?
Answer
The amount owed remains the same irrespective of the passing of time. The demand for extra is invalid. [Fataawa DUZ 5/516]
However, this does not prevent the one paying back from giving extra from their side. Rasulullah Sallallahu Alayhi Wa Sallam would generally pay the creditor more or better than what he had borrowed.
Sayyiduna Jabir Ibn Abdullah Radhiyallahu Anhu reported, “Rasulullah Sallallahu Alayhi Wa Sallam owed me a debt. He paid me back and gave me extra.” [Muslim #715]
Imam al-Nawawi stated in his commentary on this Hadith, “It is Sunnah for a debtor to pay extra when settling his debt.” [Sharh al-Nawawi ‘ala Sahih Muslim 5/228]
However, the creditor cannot set a condition or make a demand for the debtor to pay more. Such a demand is considered interest. Any extra given must be completely voluntary from the side of the debtor.
Note: If a person intends to loan a person a large amount of money over a long term and is concerned about inflation then he may loan him the equivalent amount in gold (like Kruger Coins) and the debt will be repaid in gold as well.
And Allah Ta’ala Knows Best
- Answered by
- Mufti Moosa Salie, Mufti Taahir Hansa
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.