What is the ruling on taking money as compensation after having sworn on the Quran not to mention the full truth in court, and how can one expiate for this oath?
- Repentance is obligatory for lying and false swearing if the statement includes conveying information contrary to the truth and was sworn upon. Expiation is not obligatory according to the majority of jurists.
- Financial compensation is not deserved for waiving a right in cases where money was taken under duress, because this is not something that can be compensated for.
- The money taken as compensation must be returned to the family. If they cannot be reached, it should be given as charity on their behalf.
- It is permissible for the lawyer to take only the customary fee (ajr al-mithl) and return the rest. His fee is to be paid by the one who retains him. It is permissible to fine the oppressor for the lawyer's fee to remove injustice or secure a right.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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