Legal Solutions for Uncovered Checks

No doubt that one of the major problems suffered from by our society in particular and Arab Society in general, is the problem of "Uncovered Checks".

In fact, if we want a legal solution for this problem, there will be three perspectives or angles for it as follows:

The First Perspective: Why does man purchase in return for debt?

Man inevitably has a real need for buying things such as the main needs of home like a cook, refrigerator, etc. He might not have the enough money with which to buy; therefore, he becomes forced to be in installments. He might need to write checks in this regard; there is no point against him in doing this because he is in need of a basic need. Islamic Sharia did not prohibit borrowing for debt; rather it aroused the interest in lending the needy. Prophet Mohamed (Pbuh) said, "He, who helped a needy person, shall have the degree of alms for each day till the maturity day comes. If the maturity day comes and he gives the needy another chance or extra period of time, he shall get a degree of alms for each day he gives that needy person as an extra period of time." (Narrated by Ahmed).

If borrowing money is done only for entertainment and having more pleasures, this is not allowed for man. Incurring debt is a very important matter in Sharia to the extent that Prophet Mohamed (Pbuh) said, "Everything is forgiven for a martyr but debt.". Therefore, it is a fatal mistake that man incurs more debt on himself than he can afford just for the sake of the false worldly appearances, being haughty with other people or indulge in permissible pleasures. Good fortune and blessing will be lost from his life and happiness will be just a temporary feeling that disappears just when he obtains what he wants. The feeling of happiness and pleasure disappears but debt is the only thing that remains as a heavy burden till being paid back. It was said, "Debt is a feeling of distress at night, humiliation at day and Allah Has mercy on the one who well estimates his own capabilities.

The Second Perspective:

If man incurs debt upon himself, which should not be done except for an urgent need, and can not duly pay it back, the creditor shall, in terms of Sharia, give the debtor a chance or extra period of time till the debtor could pay back the debt. This is according to the what Allah mentions in Holy Qur'an "If he was needy, give him an opportunity till he can pay back". In the very old days before Islam, if the maturity date comes, the creditor gives an extra period of time to the debtor but charges him more money than the debt; this is the horrible usury.     

If it is ordained by Sharia to give an extra period of time for the debtor who can not pay money back; let alone those who imprison him, punish him or get him to sell his house and  necessary indispensable possession.

This is for the debtor who does not have money to pay back the debt. Whereas for the one who has money but he is reluctant to pay back the debt and the maturity date comes. This one should be talked about and punished. Prophet Mohamed (Pbuh) said "This type of man must be exposed and punished,", that is, the procrastination done by a solvent person makes punishment allowed. (Hadith was narrated by Ahl Al-Sunan).

No doubt that the external appearances of people and the evidence for the real conditions  give indications about the truth of persons. Allah is the All-knowing of what is hidden in hearts. Prophet Mohamed (Pbuh) said, "He who takes the money of people with the intention to pay them back, Allah shall help him pay them back. He who takes money as debt from people with the intention to waste them, Allah shall waste him." (Narrated by Ahmed and Al-Bukhari.

Let's go back to the debtor who is unable to pay back the debt. This is to assure that it is not permissible to harm him, imprison or speak badly about him. Allah, the Almighty, has made us desirous of something great following giving extra period of time to the debtor. Allah told us to exempt him completely from the debt. Allah the Almighty said in the previous Verse, "And if you remit it by way of charity , that is better for you if you did but know", (Al-Baqarah Sura, Verse 280).

There are true Hadith (speeches of Prophet Mohamed) that explain the good retribution and reward for the one who gives extra period of time to the debtor, as follows:

1-       In Sahih Muslim, according to Huthayfa (May Allah be pleased with him), according to Prophet Mohamed ( A man came before Allah the Almighty. Allah asked the man, "What have you done throughout your worldly life? The man answered, "I did nothing, not even an iota, with which I desired Your satisfaction. The man said the previous sentence for three times and in the third time said, " O, my Lord, You gave me money in my worldly life. I used to give money to people as loans and I gave the needy extra period of time for payment. Allah the Almighty said, "We are more entitled than you in forgiving My bodman; and Allah forgave him.).

2-       In Sahih Muslim also, according to Abu-Hurayra, according to Prophet Mohamed (Pbuh) who said, "He who relieved a believer from one of the world's agonies, Allah would relieve him from one of the agonies of the Day of Judgement. He who facilitated a difficulty for a person in great difficulty, Allah would make it easy for him in the worldly life and in the after life. (Hadith).

3-       According to Abu-Hurayra (May Allah be pleased with him), according to Prophet Mohamed (Pbuh) who said, "He who gave extra period of time or exempted a person in difficulty, Allah would have him in the company of His throne under the shade of Allah's throne, on a day when there is not shade but Allah's" (Narrated by Ahmed Al-Termithy).

The Third Perspective:

The third perspective is related to companies and the selling institutions which know, at most times, the weakness or lack of the financial balance of the person. However, they sell him with the intention to use the legal cover to claim him and imprison him afterwards. However, imprisonment, whatever it is, would be of no use from parties, but companies do this to exert pressure on the buyer so that he can bring money from any person as a good-doer, relative or so. All this is for distributing their goods and earn much money. There must be, in terms of Sharia, no greed or exploitation. Man must love the good for his brothers which he loves for himself and estimate the negative results of imprisoning man, especially if he was a family provider. Allah the Almighty says, "Indeed, all believers are brothers" and also says, "Indeed, Allah loves good-doers."