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The question

Is it permissible to take a portion of the debtor's land in exchange for the loan if he defaults on payment, and would that be considered usury, with the lender bearing the registration fees? And if permissible, should the land be valued at its current price today or at its price a year and a half ago?

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

The debtor must repay the debt upon ability. The principle is that the borrower should only return the equivalent of what was taken. However, there is no objection for the creditor and the debtor to agree upon a substitute for the loan at the time of repayment. It is permissible to take land equivalent to the value of the loan if both parties agree to it, provided that you do not take more land than the value of your debt on it. The valuation should be at the price of the day the land was taken, not the day the loan was granted, and without any increase. As for registration fees, they are borne by the party customarily responsible for them. It is not permissible to burden the borrower with them if custom dictates that they are on the buyer.

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
18856
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