What is the ruling on taking the offered amount in exchange for dropping the lawsuit after the theft of cement and the forgery of identity?
The usurper must return the usurped cement if it is still extant. If it has been used, sold, or destroyed, then a similar quantity must be returned. If a similar quantity is not possible, then its value must be returned. If this is established by a judge's ruling, its value is estimated at the price of a similar item on the day of the judge's ruling. However, if an agreement is reached without a judge's ruling, the more preponderant opinion is that its value is determined on the day it was destroyed or disposed of. The Shafi'is held that the owner takes the highest value from the time of usurpation until the day of destruction. The more preponderant opinion is that the owner of the right should not take more than the price of a similar item on the day of destruction if restitution in kind is not possible.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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