Is it permissible or forbidden for a brother to mortgage the shareholders' land—registered in his name as he is their chairman—in exchange for usurious loans and without their knowledge or permission? And do the shareholders have the right to demand profits in return for their share in the mortgaged land?

A person is not permitted to mortgage what they do not own, unless they have the owner's permission. If permission is not obtained, the mortgage is void. If it is mortgaged for more than the permitted amount, the mortgage is valid only for the authorized amount and void for the excess. However, if it is mortgaged for something other than what was authorized – for instance, if permission was granted to mortgage it for gold but it was mortgaged for dirhams – the mortgage is not valid.

Based on this, if the partners were unaware of the mortgage and did not authorize it, the mortgage is invalid. The following consequences ensue:

1. The mortgagor must repent for betraying trust and disposing of others' property without their permission. 2. Legally, he is obligated to provide the bank with a valid mortgage and release the mortgage on the first land, or provide an alternative if he can. 3. If he is unable to release the mortgage or provide an alternative, he must seek permission from the landowners, or rent the land from them for the duration of the mortgage after informing them, or purchase it from them, even if on deferred payment.

The landowners have the right to reclaim their land, or demand rent for its equivalent value for the duration of the mortgage, or demand the price of the land if they agree to sell it. The decision rests with them, and they are not compelled to do any of these things.

As for purchasing land from the bank through Murabaha, this is not a loan. Rather, the Murabaha price becomes a debt owed by the client, and the bank has the right to stipulate a mortgage or a guarantor.