Is it permissible for the creditor to oblige the debtor to change the terms of the debt from unspecified duration or written form to a specified duration and written form after several years, contrary to what was previously agreed upon?
Scholars have differed on the issue of postponing loan repayment, holding two opinions:
The first opinion (the majority of jurists): It is not permissible to postpone a loan, and the lender may reclaim it at any time, as deadlines in loans are invalid.
The second opinion (Malikis, Zahiris, and the choice of Ibn Taymiyyah and Ibn Uthaymeen): Postponement is valid if stipulated as a condition. If a term is stipulated in the loan, the borrower is not obligated to repay the money before the specified term expires. They cited the verse: "O you who have believed, when you contract a debt for a specified term, write it down," and the : "Muslims are bound by their conditions."
Accordingly, if the debt is not specified by a term, the lender may demand it immediately or set a term for it. If the term expires and the borrower is able to repay, repayment becomes obligatory, based on the Prophet's (peace be upon him) saying: "Procrastination by a rich person is injustice." If the borrower is in financial difficulty, he must be granted a respite until he finds ease, based on Allah's (the Most High) saying: "And if there is one in [financial] difficulty, then [give him] time until a time of ease."
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/29560
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 29560
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy