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🌍 Children, inheritance & global · #39

My late husband had a bank loan: must his wife and children pay it?

The deceased's debts are paid from his estate, before division by faraid. The heirs are not obliged by the Shariah to pay out of their own pockets if the estate is insufficient, unless they are guarantors or joint borrowers under the contract. Even so, heirs are encouraged to settle the deceased's debts as a sign of love, because the hadith says that the believer's soul is held back by his debt until it is settled. Check whether the loan is covered by takaful (MRTT/MRTA) or credit card insurance. Do not divide the estate before the debts have been identified. In polygyny, all the wives and heirs bear it collectively through the estate, not one wife alone.

Sources

Surah an-Nisa' 4:11Surah an-Nisa' 4:12Narrated by at-Tirmidhi (hasan)
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This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

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