Member
Posts: 8
Joined: Apr 2008
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My father, may Allah have mercy on his soul, passed away recently after a long period of serious illnesses that left him bed-bound, unable to speak and completely dependent on the care of his family.
The advice I require relates to debts that he accumulated in his lifetime and that he could not fully settle before his death. In the hope it is helpful I would like to provide some background on the situation that led to the debts.
My father was a lone parent after my mother left him and had to raise his four children on his own, we were between the ages of 5 and 13 years when my father became a lone parent. My father had a few years previously developed diabetes and eplilepsy and had suffered a stroke leaving him with residual weakness on one side of his body.
My father was unable to work having to care for four children and dealing with his illness, needless to say it was difficult for him, but by the grace of Allah he remained honourable and raised us to worship Allah alone. During this time when we were young he did not have enough money to raise us, and used credit cards to supplement the income he was receiving in the form of state income and child benefits. He always maintained the intention to pay the debts back but his illnesses overtook him and it became very difficult.
We did not enjoy any extravagances growing up, and I can only recall my father once making a purchase for himself in 17 years, that of a winter coat. We lived with very little but were raised to trust in Allah as our provider. My father established the prayer and prayed in Jamaat when he was well but prayed at home as his illnesses got worse, to the point of his final months when we forgot how to perform his prayer but still attempted to perform tayammum and tied his hands in prayer in his bed.
As we grew older and my father developed more illnesses and gradually got worse, my sister and I took over his care and the care of the house including his debts. He had repaid some of the balance on his cards prior to us taking over the management of his affairs, and we came to an arrangement with the creditors that they would freeze any extra interest on his account and we began making monthly payments to clear the debts. We did this for approximately two years before my father passed away.
On his death he owned a house in joint tenancy with my mother, and English law passes the house to the sole surviving partner in such an agreement. Once the property passes to my mother we will distribute it as per the Islamic inheritance shares required and requested by my father in his will. Other than this he has a small amount of money in his non-interest bearing bank account. The debts on his death is made up of both principal and a significant proportion of interest that had accumulated.
We sought legal advice and any unsecured debts are written off on death, but I am eager to be given advice from the principles of our faith which naturally I regard as far more critical. My father was a noble man who found himself in difficulty and this resulted in his accumulation of debt and subsequent efforts to repay his debts, and the repayment of his debts was a clear intention of his.
We trust in Allah and hold Allah in the best of opinions, we pray our father is given shifıa for his suffering and pray Allah has mercy on his soul. I myself am worried for his state in the grave on account of his debts, and fear he may be punishable for them. My siblings and I are making profuse Dua for him and I would be grateful if you could advise me on the following matters:
1. Are the debts punishable despite the difficulty my father was in when he accumulated them?
2. Is it permissible for the debts to be written off on death as they will most likely be on death as per English law?
3. If it is not permissible for the debts to be written of as per English law, can the debts be settled at a lower amount agreeable by both ourselves and the creditors?
4. Can his sons take on the debt and ask forgiveness for our father and make our best attempt to pay off the debt on his behalf? Will this absolve him of any sin?
5. Does the principal alone have to be repaid or does the entire balance require repayment (i.e. including interest)?
6. My father did not perform Hajj in his lifetime, and if I as his eldest son intent to perform it for him do his debts need to be cleared before performance of Hajj is possible?
7. A slightly unrelated question but what markings if any are allowed at the grave (i.e. wood borders, wood chippings, a wood plaque, tombstones in rock)? We are concerned that there is no marking at present and that the grave will become unidentifiable as a grave and in terms of position.
I thank you sincerely for your advice and pray that any errors or inaccuracies I have made in relating the situation of my father are forgiven.
Brother of RuuhK, Imran Khan
inna lilaahi wa inna ilayhi raja'oon... hasibiyallahu wa na'maal wakeel...
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ruuhk
15-06-2008 @ 1:41 AM
