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The question

Is it permissible to burden the debtor with legal fees and court expenses if the positive law guarantees that?

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Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

If the debtor is wealthy and procrastinates, he is an oppressor to the creditor, and his honor may be exposed, and he may be punished. Maliki scholars have stipulated that a rightful claimant does not bear the expenses necessitated by the investigation of the complaint. This is supported by the fact that the cost of returning usurped property falls upon the usurper, and one who procrastinates in paying a debt despite being able to do so is in the same category as a usurper.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
67490
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.
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Read the full answer on Ftawy