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.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 25 No 01
- PDF page
- 4
Verbatim verified against the source PDF
Appears under MOCK-BAATIL-BID’AH ‘ITIKAAF’. This heading is the nearest headline at or before the page and is approximate. Do not cite it alone.