Is money acquired from land purchased from the government by fraudulently circumventing the purchase conditions considered unlawful, even though the submitted documents are not forged?
The government's sale of land on condition of cultivation aims to achieve a public benefit in exchange for a reduced price or payment facilities. The sale with such a condition is a matter of dispute among jurists. The majority invalidate both the condition and the contract, while the Hanbalis invalidate the condition but validate the contract. However, they give the seller the option to فسخ (rescind) the contract or take أرش النقص (compensation for depreciation) if the loss of the condition leads to the loss of its purpose. If the government learns of non-cultivation, it will rescind the contract and penalize the buyer. Therefore, owning this land in the manner described is not permissible.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 186542
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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