Title

My eldest sister was got married nearly 22 years ago and after the marriage of two years she died. At that time of death she had a 22 days of little girl child. Now 20 years passed, after her death my brother-in-law...

Question

My eldest sister was got married nearly 22 years ago and after the marriage of two years she died. At that time of death she had a 22 days of little girl child. Now 20 years passed, after her death my brother-in-law quarreled with us and took away that little girl child and he also didn't allow her to meet us. At the time of death my sister had some Jewellery, it was sold by my mother and got Rs.7000/- only and my mother had deposited that amount in bank by thinking that after some time that money will be helpful to that child. Later on after 4 years my elder brother had a chance to go to  and we are need of money, then my mother had withdrawn that deposited amount and used it with my brother-in-law's permission by telling him that we will return it later without fixing any fixed time. Now 16 years passed and my mother also died but that amount was not yet returned to that child. Now that little child had grown up and also got married. Now we want to return that amount to her and decided to give her Rs.50,000/-. Is this amount will be correct and sufficient to return to her or should be increased / decreased ? How much should we have to return to her ? Please guide me in this case in the brightness of Quraan and Hadees.

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatuh

In principle, you only need to return the same amount of money that you borrowed.  However, if you would like to give back extra out of goodwill, then it is permissible.  However, if the extra amount is stipulated, then it is impermissible, as it constitutes ribā (interest). 

It is important to note that the money received in lieu of your sister’s jewelry was also part of her inheritance.  Hence, the laws of mīrāth (inheritance) apply in the money received from the sale of the jewelry (i.e. Rs. 7,000).  You may give any money over this amount as a gift to your niece.  For example, if you want to return Rs. 50,000, Rs. 7,000 will be the original amount of your sister’s wealth and the laws of inheritance will apply to it.  The extra Rs. 43,000 (Rs. 50,000 – Rs. 7,000) may be given to your niece as a gift.

And Allah knows best

Wassalaamu `alaykum

Ml. Abrar Mirza,
Student Darul Iftaa

Darul Iftaa