Took matters into his own hands over his contract and bank loan
16-12-2004 | IslamWeb
Question:
I worked in emirate for three years I promoted to senior level at my work and they did not increase my salary as they promise to do so and kept delaying the increase of my salary while the job I am doing I should take the new salary as a lot of my colleagues took high salaries. I took loan from bank and when they kept delaying the increase of my salary I run away to another country. At this condition my old work will pay all the money to bank and also I do have end of service money sum and that will also help in paying the money. I decided to runaway and leave a loan because I was mistreated and not paid as I promised from them. I think all the time I was mistreated the increase of my salary and my end service money will pay the bank loan. I don't know what to do... I am right in my thinking in Islamic way... I want to know do I still need to pay the money back. I hope this case is very clarified to you. I planned to pay the money after I left but they said you will pay also interest rate because you did not pay the last years installments. This means the loan doubled or tripled also my end of service will help to reduce the money but the bank did not recognize any thing like this. Insha Allaah, guide me to the right path. Can you give me a Fatwa what I should do now. I left emirate in 2001. I want to be good Muslim.
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 is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.
Indeed your question included different matters:
The first matter:
The ruling about your company failing to keep its promise of increasing your salary depends on the type of contract which both of you (the two parties) had signed. If increasing your salary is one of the terms of the contract (even if it was orally agreed on) then the company has to fulfil this requirement. But if it is just a promise and that is not included as a term in the contract, then it does not have to fulfil it, but it is desirable for it to do so.
The second matter:
The ruling about your loan with interest: There is no doubt that by borrowing money with interest you have indeed committed a great sin. Therefore, you have to repent to Allaah for committing such a major sin. If you can repay the money you owe without the interest, do so even if you have to deceive them to avoid the interest. But it is not permissible for you to run away from repaying the sum you originally borrowed (before interest). The fact that your company failed to fulfil its promise or was neglectful about your rights does not make your failure to repay your debt to the bank permissible, as these are two different matters.
The third matter:
The ruling of running away from your company without their permission: This again depends on the contract which was signed between both parties. If you failed to fulfil the terms of the contract, then that is forbidden and you have to return to the company in order to fulfil your obligation under the contract but if you did not fail to fulfil the conditions of the contract, then there is no harm on you.
Allaah knows best.