Can I "Steal" my own rights?

al-muslimah

al-muslimah

Junior Member
Salaam Alaycoum everybody,

I'm not gonna steal anybody here :lol: but i just had this question in mind..like stealing things that its yours. for example someone asked you for a amount of money..after that you discovered that she/he stole them and didn't give them back..so am I allowed to steal them from her/him? It could be a stupid question but I'm just curious to know..its so confusing since stealing is haram in Islam and at the same time you're stealing your thing and right..

any answers? :)
 
q8penpals

q8penpals

Junior Member
Assalam aliekum

You are saying, for instance, that you loaned someone money and they didn't pay it back. And you are wondering if you can "steal" it back (as in, would it actually BE stealing, if it was yours in the first place, correct?)

Well, stealing is haram, we all know that, but is it stealing if it is yours? I do not have any hadith or anything to support this, but I would guess it depends on how you do it. If someone steals your car, and you see it sitting on the street and you take it back, thats one thing. But if in order to "steal" something back from someone you have to break into their house, or if you are already in their house, dig through their personal things, that is a completely different situation.

My thought would be, don't do it. If you know someone has something of yours that they borrowed and didn't return, first of all, give them a gentle reminder - could be they just completely forgot about it. If you remind them and they refuse, then it is a big issue (and depending on the value of item in question, may be a base for the police).

Or, if it is something small, I say forget it. They will be punished by God in the end. For example, I loaned a fellow teacher 70KD (about $240) - this person called me a couple times to tell me they didn't have the money yet to pay me back, but there has been no contact in months. I suppose I could file a police report (since the person obviously knows they owe me), but it is not the end of the world. I figure that either this person needs it way more than me (in which case it doesn't bother me that they have the money), or is just a jerk (in which case, I guess $240 is a nice price to pay to never see them again!).

If anyone has any Islamic-referenced thoughts, please add them. My thoughts were just from day-to-day common sense.

Humbly,

Lana
 
ditta

ditta

Alhamdu'Lillaah
Staff member
Assalaamu'Alaykum,

If the situation is how I understood correctly, Insha'Allaah, this Fatawa should apply, forgive me if it does not.

Question

Has Islam made a distinction between civil dealings (i.e. between individual persons) and business dealings in the matter of giving time to those who owe debts until they are able to pay?

Answer

Allah, the Most High said:

"But if you repent, you shall have your capital sums. Deal not unjustly (by asking for more than your capital sums), and you shall not be dealt with unjustly (by receiving less than your capital sums). And if the debtor is having difficult times (i.e., he has no money), then grant him time until it is easy for him to repay."

[Soorah al-Baqarah, 279-280]

These Verses are discussing the laws of Riba. Allah commanded the person who practices Riba to repent from it as the poor person has to bear the burden of the loan because by the passage of time it increases until it becomes doubled and multiplied.

He commanded him to limit himself to requesting the original capital sum of his money and to give the poor person time to pay that.

He should not make matters hard on him in requesting the money until the person is able to pay that.

This generally includes all people who owe a debt, whether it is in business or a debt between individual civilians or a right from the financial rights or some pay that is owed.

It is obligatory to give the person time due to his difficult circumstances until Allah makes his situation better financially.

It is not permissible to lock him up or deal harshly with him, as the Fiqh scholars have mentioned in the chapters regarding restricting people from dealings and other things.

Ash-Shaykh Ibn Jibreen.

Reference: Fatawa Islamiyah, Volume 4 - Mosques, Funerals, Zakah, Fasting and Sales Transactions (1), Chapter - Debt, Pg. 431-432

Walaykum Salaam.
 
amirah80

amirah80

*Fear Allah*
:salam2:

Inshallah I understand the question right. I believe you are saying someone asked to borrow the money. For whatever reason you did not give it to them. So, then they stole it from you and now you want to steal it back since it belongs to you in the first place.

I do not think you should try to steal it back even if it is your money. To get it back you would still have to steal it. Taking it secretly to gain access of the item. Also, if they stole it they could have repented for these actions Allahu Alim. By doing that they may want to repay you but do not have the means at the moment, etc..

But the verse Brother Ditta has in his post is (2:280)

"And if the debtor is in difficulty grant him time until it is easier for him to repay, but if you are able, write off the debt as an act of charity, it would be better for you, if only you knew.".

It is better to let it go and inshallah their is reward in that. More than the amount that was stolen to begin with.

Wasalam Amirah80
 
LaLa09

LaLa09

♥Amor vincit omnia♥
:lol: i never thought that was "stealing" i just thought it was getting ur stuff back....lol see u learn something new everyday:lol:
 
N

nori suja'i

Junior Member
if u think the money is yours, u can take it but u still have to let him/her know. so that its no longer steal anymore.
 
danyal_1992

danyal_1992

Junior Member
:salam2:
if a person does not pay his debt without any reason and he keep delaying it.Then what the lender should do ?.What does Islam say about it?
:wasalam:
 
Maryam Sayyidina

Maryam Sayyidina

Junior Member
stealing back it's not the answer, but tell her that you have the right to have your money. Money can be found or come to you but you can fix your mistake if you stealing back.
 
amirah80

amirah80

*Fear Allah*
danyal_1992 said:
:salam2:
if a person does not pay his debt without any reason and he keep delaying it.Then what the lender should do ?.What does Islam say about it?
:wasalam:
Click to expand...

Salam Alaikum

I will post a link to a fatwa that pretains to your question. The part that says secondly, is the part that will answer your question, inshallah.

http://www.islam-qa.com/en/ref/106556/lender

This fatwa talks about the proper way to lend money.

http://www.islam-qa.com/en/ref/13180/debt

Inshallah, this help answer your questions

Wasalam Amirah80
 
Amir_of_spain

Amir_of_spain

Junior Member
Stealing is wrong no matter which way you look at it. You can ask for it back or use the law to force it back but you can't fight evil with evil.
 
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