Is it permissible to demand the value of a new motorcycle as compensation for the theft of an old one, knowing that the thief caused the victim to incur a debt exceeding the value of the stolen motorcycle?
If the stolen bicycle is damaged or lost, and the Hadd (punishment) is not carried out on the thief, its value becomes obligatory upon the thief. The jurists have differed regarding the day on which the value should be estimated: is it the day of usurpation (ghasb), or the day of damage/loss (talaf), or the highest value from the time of transgression until the damage/loss? If the value is established by a judge's ruling, then the day of the ruling is what is considered. Your husband may demand the rental value of the bicycle from the day it was stolen until the day its value is ruled upon. As for demanding the thief for the price of a new bicycle or the amount your husband borrowed, there is no basis for that.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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