A debtor traveling to another country without the permission of the creditor

8-11-2010 | IslamWeb

Question:

i have a few question Question A-i am leaving australia soon and am moving to egypt for good but i have some debt that i have to pay small amount .am i able to leave and pay the debt while i am in egypt question b- i had enetred into a contract with the home phone and internet company and the contract was in my name and my mother made me cancel it because we were suppose to leave to go overseas straight away now they charged me with a 415 cancellation fee but i payed for everything that i used from there services do i have to pay this cancellation fee? question 3- i recive social secutrity benefits and work part time with and a muslim brother who pays only cash money which is not taxed. its not a full time job.is it permissble with my social security payemnts to work this job as i am elligle to earn money along with my social security payments with out my payments being affected i cant exactly tell them because the brother will get in trouble .its very hard to find work here a which gives the Friday prayer off and i gave up several jobs because i cant pray Friday. i dont exactly see this as taking money from them without right because they allow me to earn some money with these payments

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 ( may  Allaah exalt his mention ) is His slave and Messenger.

If the debt that you have is due and you are able to pay it off, then you are obligated to pay it, and if you do not do so, then it is not permissible for you to travel without the permission of the creditors even if you intend to pay it from the country where you intend to travel. However, if the debt that you have to repay is not due, then it is permissible for you to travel as long as you are able to repay it when its due time comes from the country where you will reside. Nevertheless, some scholars are of the view that the debt that would be due during the travel of the debtor is like the debt that is due in regard to seeking the permission of the creditor. Therefore, it is more appropriate to seek the permission of the creditor or rather to appoint a guarantor or a sponsor of the debt even if the debt is not due.

As regards canceling the contract with the telecommunications company, then if this is before the end of the contract period and the company did not agree to that – as you mentioned – then you are obligated to pay for the remaining period or pay what the company obliged you to pay if this is less than the remainder of the fees; however, if this amount is more than that, then you are not obligated to pay more than what remains of the fee for the period that was agreed upon in the contract because the company does not deserve more than that.

However, you have to pay for the remaining period of the contract because the renting (hiring) contract is among the binding contracts and no party is allowed to cancel it except with the consent of the other party.

As regards your third question, then we have already issued Fatwa 141010 in response to it, so please refer to it.

Allaah Knows best.

www.islamweb.net