Is demanding compensation for material and moral damages resulting from procrastination in commercial and civil obligations, or failure to pay debts, or failure to deliver sales, or failure to deliver real estate after paying installments, considered forbidden usury (riba)? And is writing such lawsuits for the court considered a sin for the lawyer who works in a law firm?
A lawyer is not permitted to demand an increase beyond the original debt, with the exception of expenses incurred due to the debtor's procrastination, such as legal fees, litigation costs, and travel expenses. The lawyer is also not allowed to ask the court to compel the debtor to pay an unjustly excessive compensation, even if requested to do so. By doing so, the lawyer would be assisting in sin and aggression, and Allah Almighty has said: "And cooperate in righteousness and piety, but do not cooperate in sin and aggression. And fear Allah; indeed, Allah is severe in penalty."
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- Ftawy
- Original fatwa ID
- 195943
- Imported
- Translation status
- Source text, unreviewed
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