His dead mother's unpaid bank loan is covered by insurance

13-10-2009 | IslamWeb

Question:

Assalamou Alaykom,
My mother had made before her death a bank loan. She died before she could give back the totality of the money to the bank. Legally, the insurance company has to give back the money to the bank in case of death (because it is obliged to pay insurance when taking a loan). Is it legal to God? Otherwise what do I need to do the "takfeer"?
Barakallahou fikom.

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Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.

 

All forms of commercial insurance are prohibited as we previously clarified in Fatwa 81425, and the insured does not deserve any money except the amount that he paid to the company. Thus, if the insurance company settled the whole debt with its profits by virtue of the insurance contract, your mother would not be free from liability except with the amount that she really deserves from the company. To fully free your mother from liability, you may offer to pay the insurance company the extra money that your mother owes and which the insurance company paid on her behalf. Your mother is not required under Sharee‘ah to pay the bank interests. We are giving you this answer based on your saying (because it is obliged to pay insurance when taking a loan).

We stress two points here:

1-     It is not obligatory on you to settle your mother's debt; it is rather recommended as a sort of being dutiful and kind to her. This would bring you a great reward from Allaah The Most Generous.

2-     It is not permissible for the Muslim to take bank loans with interest. This is cooperation on the consumption of Riba (interest and/or usury). Allaah The Almighty Says (what means): {And do not cooperate on sin and aggression.}[Quran 5:2]

Allaah Knows best.