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What is the ruling on a land pledge remaining for 14 years without the debt being paid or ownership transferred? Is the mortgagee entitled to claim full ownership of the land now, after its value has increased, given his unwillingness to recover the original amount, or is the mortgagor entitled to pay the amount and reclaim his land?

1 min readAlso available in العربية

You must repay the money you borrowed. Then, he is obligated to return the land deed to you, because he has no right to it as long as he has recovered his debt. If you do not repay his debt, he may sell the land if you have authorized him to do so, in order to recover his right. However, he is not permitted to take the land in exchange for his debt; rather, he recovers it from its price if you have given permission for that. It is stated in "Al-Mughni" that if the debt becomes due and the mortgagor is obliged to pay, and he does not pay, and he had authorized the mortgagee or the trustee to sell the mortgaged item, then it is sold. Otherwise, he is demanded to pay and the mortgaged item is sold. If he does not comply, the ruler undertakes this. If you wish to repay the debt and reclaim your land, and he is refusing, you may take him to court to legally compel him.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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