Is it permissible to burden the debtor with legal fees and court expenses if the positive law guarantees that?
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.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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