Those who are unable to pay must be given time to raise money to pay their debts, especially if their inability results from unforeseen circumstances.
How can we surpass this Shariah rule and put in place harsh rules to severely punish debtors who had no hand in their inability to pay, but were victims of circumstances? How can we send them to jail destroying their lives and that of their families?
Khaled Al-Nuwaiser, in an article published by Al-Eqtisadiah newspaper, came up with a brilliant idea that would find a humanitarian solution to the problem of people's inability to pay debts. He has called for abolishing imprisonment for private rights and said alternative punishments should be considered for people who are unable to pay their debts, including preventing them from traveling abroad and freezing their bank accounts.
Al-Nuwaiser also suggested giving judges the authority to deduct money from the salary of employees in the private sector and to confiscate their fixed and mobile assets to cover their debts.
He said the debtors could be deterred by one of these two punishments without encroaching on the rights of the creditor.
Imprisonment is not a solution. On the contrary, it aggravates the problem. The bad effects of imprisonment will not be limited to the inmate alone, but will extend to his family and entire society.
After completing his jail sentence, the debtor may come out a completely different man. He may become a hardened criminal. The law did not have mercy on him. It was the law that sent him behind bars in the first place. This is an unfair law and it is man-made.
The Holy Qur’an has set out a humanitarian law concerning individuals who out of their financial circumstances may not be in a position to settle their debts.
Verse No. 280 in Surah Al-Baqara reads: “If the debtor is in a difficulty, grant him time till it is easy for him to repay. But if you remit it by way of charity, that is better for you, if only you knew.”
The meaning of this verse is very clear. It asks us to be merciful to destitute people, who are unable to pay their debts due to their deteriorating financial conditions and not because of any malice in them.
The Qur'an asks us to wait for such people until their financial condition improves or else consider our debts with them as a Zakat or Sadaqa. How did we dare to violate this religious rule in an Islamic country?
Applying the idea of Al-Nuwaiser will solve a number of problems. There are too many debtors behind bars now. The human rights organizations should consider this noble idea. They should also make efforts to abolish the unjustness that sends people who cannot pay their debts to prisons, of course, if these debtors are not crooks or swindlers.