Do I Have to Return Impermissible Borrowed Items to Their Owners?


Hanafi Fiqh

Answered by Mawlana Ilyas Patel

Question

Before practicing Islam, I used to borrow DVDs/VHS/movies from non-Muslim friends. Now I have them over a decade later, and I no longer watch TV/movies due to the haram content, music which is haram on every channel (sports, news, etc.), and looking at non-mahram, among other reasons.

I consider DVDs for entertainment haram to keep as well. I want to know if I must return them as trust/amana of those non-Muslims or if I can discard them. My initial thought was that maybe haram items (alcohol, haram food) do not need to be given, but I don’t know if this is the case with haram-borrowed things.

If I have to return those movies/DVDs but can not contact those non-Muslims, what should be done?

Answer

In the Name of Allah, the Most Merciful and Compassionate.

I pray you are in good faith and health. Thank you for your question.

You must return the impermissible borrowed items, even if they were borrowed from Muslims, let alone non-Muslims. Borrowed items have to be returned to their rightful owners. The only difference would be that you would advise a fellow Muslim to discard them, or in a case where you cannot locate your non-Muslim owner, you may discard them, too.

If someone borrows something from you, it has to be given back. The Prophet (Allah bless him and give him peace) said, “The borrowed is to be returned (…).” [Tirmidhi]

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Related:
Borrowed Item Archives
Returning Borrowed Items

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I pray this helps with your question.
Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Faraz Rabbani

Mawlana Ilyas Patel is a traditionally-trained scholar who has studied in the UK, India, Pakistan, Syria, Jordan, and Turkey. He started his early education in the UK. He went on to complete the hifz of the Quran in India, then enrolled in an Islamic seminary in the UK, where he studied the secular and ‘Aalimiyya sciences. He then traveled to Karachi, Pakistan. He has been an Imam in Rep of Ireland for several years. He has taught hifz of the Quran, Tajwid, Fiqh, and many other Islamic sciences to children and adults onsite and online extensively in the UK and Ireland. He taught at a local Islamic seminary for 12 years in the UK, where he was a librarian and a teacher of Islamic sciences. He currently resides in the UK with his wife. His interest is a love of books and gardening.