Is it permissible to sell the mortgaged item to collect the debt upon maturity without the mortgagor's permission, especially in the absence of a legitimate ruler or his representative, and can custom be applied in this situation?
If the debt becomes due and the debtor refuses to pay it, then if the mortgagor has authorized the mortgagee or the arbiter to sell the collateral, it is sold, and the debt is settled. Otherwise, the ruler compels him to pay or sell. If he does not do so, the ruler sells it.
And if that is impossible, such as when there is no legitimate judiciary, or the ruler is incapacitated, then the collateral is given to a trustworthy and reliable man to sell it, on the condition that he does not sell it for less than its market value. Witnesses must be brought for this, and then the mortgagee takes his right.
This procedure achieves the purpose of the mortgage, which is to secure the debt.
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
- 16483
- 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