Is it permissible for a woman whose money was taken by a tourism company that did not send her for Hajj, and who has filed a lawsuit against them, to request a Hajj visa instead of getting her money back in installments, knowing that the current cost of a visa is higher than the original amount, and would this be considered usury (riba)?
She has the right to demand the fulfillment of the contract and compel them to provide a Hajj visa and its expenses, due to the general evidence commanding the fulfillment of contracts, such as the Almighty's saying: "O you who have believed, fulfill [all] contracts," and the Prophet's (PBUH) saying: "Muslims are bound by their conditions in what is permissible." This is not considered usury. If she wishes to recover the amount she paid, she is not allowed to take more than that, according to the Almighty's saying: "So whoever has assaulted you, then assault him in the same way that he assaulted you," and the Almighty's saying: "And if you punish [an enemy], punish with an equivalent of that with which you were afflicted."
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 89025
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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