Are we entitled to reclaim the amount paid, taking into account the current value of the land, or only the amount originally paid, knowing that the heirs stated that the father never took possession of the land in the first place?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
If the seller sold land he did not own, the contract is void, and the land remains the property of the association. The seller's heirs must only return the amount paid by the buyer, and they are not obliged to pay an increase on the grounds of the land's price appreciation or the investment of the amount, because the land does not belong to them or to the buyer, and the amount was under their guarantee with the buyer's consent, and "profit is by virtue of liability" (al-kharāj bi al-ḍamān).
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/62006
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 62006
- 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.
- Read the full ruling
- Read the full answer on Ftawy