Back to search

Is it permissible for a husband and wife who have accumulated debts exceeding 500,000 pounds, and who have nothing to pay with except an apartment whose value does not exceed 180,000, to stop paying these debts due to their straitened circumstances? And do the rulings for the one in dire necessity apply to them?

1 min readAlso available in العربية

Legitimate mudarabah (profit-sharing) is based on dividing the profit between the capital provider and the mudarib (working partner) according to a known percentage. In the event of a loss, the capital provider loses his capital, and the mudarib loses his effort. The mudarib is not liable for losses unless due to his negligence or transgression. Mudarabah is not valid without an agreement on the profit percentage or if the mudarib guarantees the capital. If the mudarabah is invalidated, the capital and its profit belong to the capital provider, and the worker is entitled to a fair wage (ajr al-mithl). In the case of a loss, it is borne by the capital provider, and the worker is entitled to a fair wage. Whoever has a debt must repay it, and if he is in hardship, he should be given respite until ease. It is commendable for the creditor to give a portion of the debt as charity.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

Read the full answer on Ftawy