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Unpaid Debts
Question asked by Jitu Jaman.
Posted on: Tuesday, September 14, 2004 - Hits: 3872

Question:
In 1997 I borrowed £10,000 from Lloyds TSB Bank in England to fund my professional studies. Having completed my studies and immediately before starting the repayments I was messed about by the bank. The bank had as a result fallen foul of the domestic laws which says that a court in those circumstances will not enforce these payments against me. There have been no Court proceedings to date (as I think that they understand that they do not have a case against me) and I have not paid them the principal sum. It is unlikely that the bank would take any enforcement proceedings against me and even if they do I am confident that they would lose.

Please advise as to whether in the above circumstances I am required to repay the principal sum to the bank bearing in mind the laws of England and Wales.

Answer:
I understand from your question that you want not to repay the debt you owe to the bank merely because they cannot force you repay it.

Now, repayment of debt is an obligation that is directly and expressly established in all moral and legal codes of the world. We need not turn to the outer world and we can just ask our selves what is the required course of action. Man has been endowed with an ability to tell the right from wrong and to discern the good from the evil.

Therefore, I would suggest that you should return the agreed upon amount to the lenders as soon as it is possible for you.

Regards,

Tariq Mahmood Hashmi
Research Assistant, Studying Islam

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