Wants to apply for bankruptcy to get rid of her student loan
26-5-2010 | IslamWeb
Question:
Assalaamu aliakum, If the person who had taken a student loan before marriage and now she doesn't work, only her husband works and has 3 children. husband doesn't want to give money for loan because he feels its not his responsibility because it was taken when she was single. and also husband does not want her to use the money her children get from government. She has brothers and a father but brothers may never help because they are married and have kids so they won't be able to even if they want to. The father gets pension and she feels it will upset him if she asks for money because father and mother both helped this couple when they were newly married they let them live in their house for 3 yrs without rent. so what should she do...can she apply for bankruptcy or not. please help me with this, i tried to find fatwa regarding this topic but couldn't find it...thanks ps: husband does not allow his wife to work but he is a good husband, he had helped her a lot with previous loans now he is helpless and want his wife to apply for bankruptcy because now it has been 6 yrs since the last loan was taken and she will be eligible to apply for bankruptcy after 1 yr. 7 yrs the time you have to wait to get eligible.
Answer:
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His slave and Messenger.
This wife’s husband is not obliged to repay this debt and her father and brothers are not obliged to repay it as well. As regards applying for bankruptcy, then this does not exempt the debtor from repaying his creditors. The loan can only be acquitted by the bankrupt person repaying it himself or by someone else volunteering to pay it on his behalf or by having it renounced by the creditor.
We remind any indebted person of this supplication which is mentioned in the Sunnah and is said to get free from debts. Abu Waa’il 
narrated that a man came to ‘Ali 
and told him: “I am unable to repay my debt, so please help me. Then ‘Ali said: “Shall I not teach you some words that the Prophet taught me that if I had a debt like the mountain of Thabeer, Allaah will help me to repay it.” He said: “Say: “O Allaah make what is lawful enough for me, as opposed to what is unlawful, and spare me by Your grace of need of others.” [At-Tirmithi]