Debt collectors in Islamic perspective

What about the status of debt collectors themselves according to Islam? Because debt is the rights of creditors, then the services provided by a debt collector to collect the debt is actually permissible. In this case, the status of its own debt collectors can be categorized into two. First: the representative of the creditors, ie someone who got the authority of creditors to collect debts to third parties. Second: The people who work for the creditors, ie someone who is hired by a creditor to the collection of receivables. Judging from these facts, there is nothing wrong with this job. Thus, there is no prohibition to collect the debt by using their services. Due to collect such debts are the rights of creditors, the creditor may collect directly, use the services of another person, or submit the case to court debt. All the options depends on the person who has the right (the creditor). Ibn Hajar al-Asqalani, when commenting on Bab al-Wakalah fi qadha 'ad-Dayn (Debt Payment depute Law) by quoting the opinion of Ibn Munir, said, "The rules of this explanation, as if for people who assume, that the debt should be carried out immediately, then give a mandate to someone else to pay the debt should not be done, because there is a delay from the original mandate to the deputy. Yet it is precisely should be done, and the action does not include the category of payment delay."

If someone pays the debt must be paid, and shall be fulfilled as soon as it can be done by others, then collect the debt that is "permissible", and may be suspended is certainly much more done by others. The problems that arise from the ways used by debt collectors in carrying out their duties, then this should not be used as arguments to prohibit job (debt collectors). What should be prohibited is the use of dirty ways, for example terrorizing, both psychologically and physically. Because, with Prophet Muhammad pbuh had expressly forbids such action: A Muslim is forbidden to terrorize another Muslim (Hadith narrated by Ahmad, Abu Dawood and al-Bayhaqi).
However, it should be noted, these violations can occur because both the debtor and the creditor does not understand the rights and obligations associated with debt-accounts. For a debtor, who owes money to the creditors, the law of paying debts on time is "Fardhu 'ain' (mandatory without exception), if he can afford. Also, such obligations must be fulfilled immediately, and haram (not allowed) to delay. Therefore, delaying debt payments for those able to pay the debt referred to by Prophet Muhammad pbuh as injustice: "Procrastinating debt payments for the rich is unfair action" (Hadith narrated by al-Bukhari and Muslim).
However, if the debtor is unable to pay, the debtor was required to notify the difficulty in repaying debts to the creditor, and debtor was entitled to reschedule debt payments. At the same time, the creditor is also obliged to accept the request postponement of debt payments, and providing concessions to the debtor. Its foundation is the word of Allah SWT: If someone has difficulty so give ease to him (Quran Surah al-Baqarah [02]: 280).
In addition, many Hadith that encourage creditors to be loose and provide convenience to the debtor, if the debtor is experiencing difficulty. In this situation, there are some steps that can be done. First: the debtor is asked to swear by God that the debtor is really in trouble. Second: if the debtor has the other property, then it could be sold, and paid to creditors. Third: if the debtor's debts is greater than the assets owned by the debtor, the debtor is declared as muflis (bankruptcy), then he should be subject Hijr (sanctions ban on transaction). Then the property of the debtor is calculated, and then distributed to the creditors, as a percentage of receivables. These three actions can be performed by the state, through the Court / tribunal, as it has ever undertaken by the Caliph 'Umar ibn al-Khaththab to Asfa' bin Juhainah. This is done if the person who owed it really can not afford to pay, and in adversity. However, if the person is capable, also not in trouble, but just putting off the payment, then the creditor can collect the debt, either directly or with the services of others; can also apply to the court, so that he would be forced by the state to pay its debts . State can impose sanctions to him due to his actions. It is based on the words of the Prophet Muhammad pbuh.: People who are able to pay the debt, but putting off, then he justifies himself subject to sanctions and his/ her honor (is "halal" / his or her property may be taken forcibly comparable with debt) (Hadith narrated by al-Bukhari).
However, this latter action usually will be pursued by the creditors, if state and law enforcement officials credible. It can only exist in the Caliphate system, not in a corrupt system it is today.

Related archieves:
Islam guarantee the protection to Non-muslim
End of fiat money, rise of gold dinar
Wasteful behaviour is banned in Islam
Islamic system eliminates money politics