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The question

What is the ruling on mortgaging money to guarantee the return of a pilgrim (mu'tamir), as requested by offices issuing 'umrah visas to avoid fines?

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Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

There is no Shar'i (Islamic legal) impediment to the office taking a sum of money as a guarantee for the pilgrim's return within the specified period, so that the office can avoid official penalties. If the pilgrim does not adhere to the period and a fine is imposed on the office, the office has the right to take it from the guarantee amount, considering this a penalty clause. The resolution of the Islamic Fiqh Academy states that a penalty clause is permissible in all financial contracts, except for those where the original obligation is a debt. The damage compensated for includes actual financial damage, real loss, and sure-lost profit, but does not include moral or emotional damage. If the pilgrim adheres to the terms and returns at the specified time, the guarantee amount is returned to him.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
192355
Added here
. This is when the answer was added to El Fatwa, not the fatwa's date.
Text
Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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Read the full answer on Ftawy