The Majlis Archive

Finance - Banking - Business The Majlis Vol 25 No 01, p.4

What should I do if my lawyer charges my debtors interest?

Question

What should I do if my lawyer charges my debtors interest? Who should pay the lawyer's fees?

Answer

You have to instruct the lawyer not to charge the debtors interest. The debtor can be held liable for the fees, but not interest.

Also, do not be harsh when demanding payment. Some or most debtors are undergoing hardships. Be lenient with them. The Qur'aan provides only three options of merit despite the permissibility of instituting legal action for recovering debt:

1) Waive the entire debt. The reward is immense. The reward is much more than giving Sadqah.

2) If unable to waive the whole debt, waive part of it. 3) If unwilling to avail of the above two meritorious options, then at least be lenient and allow the debtor time to pay.

Legal action should be the very last resort to recover debt from those who deliberately refuse to pay.

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The Majlis Vol 25 No 01
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Appears under MOCK-BAATIL-BID’AH ‘ITIKAAF’ (approximate).

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