Wednesday, April 17, 2024
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Money to be returned

Fatwaa ID: 2129

Question:
assalamualaikum warahmatullahi wabarakatuh
Mufti saab.

I have a question. I hope it makes sense.
A husband in England pays (£300) for advice paper work for a solicitor fee to a person in England for visa purposes to call his wife from pakistan to England .

There is a long delay in carrying out these instructions .

eventually a divorce happens between this man and the woman.the woman did not come to england.

The money is not used for advice from the solicitor.

The ex-wife asks for this money from the person who recieved the money for the solicitors advice (she says he had agreed she can have this money) ect.
The woman married someone else. But She become a widow.

The person who received the money for the purpose of advice has lost contact with the ex-husband and wants to know what is the correct thing to do with the money he was given.

What should the person who recieved this money do in these circumstances.
Ie shall the the money be given to the widow.
As the woman is now deserving zakat. She doesn’t have a father and her mother is very poor.
She has no one to support her.

My apologies for the long winded question.i hope its clear in its meaning.
Can the £300 be given to the widow since she is an old person and needy.

May allah reward you highly for your service to the muslim community.

Jzk

Answer:
In the Name of Allaah, the Most Gracious, the Most Merciful.
As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.

May Allaah Ta’aala make it easy for the lady in question and her family.

We understand from the details of your query that a man gave £300 for lawyer/solicitor fees and consultation. The fee was not used and therefore the lawyer wishes to return the funds but he has now lost contact of the man.

The default is that money is to be returned to the person who gave it or his heirs/family in his absence. In the enquired situation where the ex-wife has made a claim that the man has agreed to her taking it, she should substantiate it with proof. The lawyer should see if he can get the man’s contact from her. If he fails to get hold of him or his family and she is unable to furnish proofs, he may hand it over to the man’s ex-wife on his behalf. This should be documented. This money however is not for her unless the man had actually given it to her. Her financial condition would not affect the ruling. In the case that he did not give it to her, she will have to return it to the man or his family.

And Allaah Ta’aala knows best.
Mufti Muajul I. Chowdhury
Darul Iftaa New York
https://askthemufti.us/

08/04/1445 AH – 02/14/2024 CE | AMG3-4386

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين

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