If a person denies that I have money owed to him, is there a way to recover this money?
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The questioner : Okay, Shaykh, what is the Sharia-compliant way to take this money if it falls into the hands of this man who denies it?
The Shaykh : There is no way other than filing a lawsuit before one who judges by what Allah has revealed in the Shari'ah.
The questioner : And if he does not judge in his favor according to the Shari'ah, and the money falls into the hands of this creditor?
The Shaykh : We have returned to the same topic; we have returned to the same topic.
The questioner : If it falls into his hands in a Sharia-compliant manner, meaning not by way of theft?
The Shaykh : How?
The questioner : I mean, a person borrowed ten dinars from another person, and after a while, this person denied the ten dinars. If an amount belonging to this person, or more than that, falls into the hands of this creditor, does he take his right and return the other right to him?
The Shaykh : May Allah reward you. It isJami` at-Tirmidhi 1264Da'if (Darussalam) These ten dinars that fell into the hands of the creditor who was wronged and whose right was denied. Suppose he has no right with that man; what is obligatory for him when these ten dinars fall into his hands?
The questioner : The apparent meaning of the hadith is that he returns them.
The Shaykh : Yes, that is it. That is why we say it is the same case.
The Shaykh : There is no way other than filing a lawsuit before one who judges by what Allah has revealed in the Shari'ah.
The questioner : And if he does not judge in his favor according to the Shari'ah, and the money falls into the hands of this creditor?
The Shaykh : We have returned to the same topic; we have returned to the same topic.
The questioner : If it falls into his hands in a Sharia-compliant manner, meaning not by way of theft?
The Shaykh : How?
The questioner : I mean, a person borrowed ten dinars from another person, and after a while, this person denied the ten dinars. If an amount belonging to this person, or more than that, falls into the hands of this creditor, does he take his right and return the other right to him?
The Shaykh : May Allah reward you. It is
Fulfill the trust for the one who entrusted you, and do not cheat the one who cheated you.
أد الأمانة إلى من ائتمنك ولا تخن من خانكThe questioner : The apparent meaning of the hadith is that he returns them.
The Shaykh : Yes, that is it. That is why we say it is the same case.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.