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The question

Is taking money in exchange for waiving a private right in theft unlawful (haram)? Is the money taken lawful (halal)? And is waiving the rights of both parties in exchange for payment from one party permissible?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Scholars have differed regarding the permissibility of reconciliation for the value of a damaged item with an amount greater than its value from the same type. Some, like Al-Shafi'i and Ibn Qudamah, prohibited this, while others, like Abu Hanifa and Ibn Taymiyyah, permitted it. Ibn Taymiyyah holds the view that reconciliation for the value of a damaged item with an amount greater than its value from the same type is valid, which is an analogue of Ahmad's opinion.

Based on this, it is permissible to take the mentioned compensation even if it is more than the value of the broken glass. There is no issue with the compensation coming from only one of those who caused the damage. However, it is advisable not to take more than the value of the broken glass, out of consideration for the scholarly difference of opinion.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
167058
Imported
Translation status
Source text, unreviewed
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