Debtors refusing to pay

· 23 Shawwal 1436 AH1 min readEnglish

Question

I have lent money a couple of years ago and two people gave me both each guarantee of cheques. Four years passed and non of them paid me. I have struggled so much. And many things I could not pay and went only higher and higher. I am in many debts. I don't work as a single mother due to health problems. And my child is 2 years at home because I can't pay her school. If the people pay me each the amounts of the cheques do I have the right to keep the money because I have a court case against them. I have waisted a lot of time and effort going to police stations and court in the past 4 years.

Answer

If the cheques are the cheques of the debtors, then you may cash the cheques and retrieve the debt owed to you.

And Allah Ta'ala (الله تعالى) knows best.

Answered by
Mufti Zakaria Makada
Checked & approved by
Mufti Ebrahim Salejee (Isipingo Beach)
Questions about this ruling, answered only from the archive with sources.

Where scholars differ, it’s safer to take the more cautious view.

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