Is the legal interest of 9% adjudicated on the value of expropriated land permissible or forbidden, especially given that the plaintiff did not relinquish his money by choice and was deprived of the use of his land for years?
The state is permitted to expropriate private property for the public interest, provided there is immediate and just compensation determined by experts, not less than the market value. Islamic legal principles reject delaying compensation and procrastination due to the resulting injustice and uncertainty. What the court considers just compensation, involving usurious interest, is not in line with this. The obligation is immediate and just compensation, and the procrastinator bears the costs of litigation. The injured party may take legal interest to the extent determined by scholars and experts as compensation for their right. Any excess beyond that should be spent on public interests and the poor.
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- Original fatwa ID
- 113423
- Imported
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