Is it permissible to reject the decision of the judge who ruled between the two partners and resort to another, especially after it became clear that it violates Islamic law, particularly after a number of muftis confirmed that the sale was concluded and cannot be reversed except by mutual cancellation?
If the partner offered to buy your share, and you accepted the deal and blessed it, then the sale is valid and binding. He cannot retract it except if you release him from it, because a sale is based on consent, and it was completed at the contracting session.
As for the ruling of the one you referred your dispute to, the extent of its validity cannot be determined except by knowing his capacity (whether a judge, an arbitrator, or a ) and the extent of his competence, and whether he based his ruling on a recognized jurisprudential opinion.
Be aware that the ruling of a judge and the of a mufti are based on outward appearances, and they do not excuse someone who knows that the inner reality of the matter is otherwise.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/99984
Where this answer came from
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- Ftawy
- Original fatwa ID
- 99984
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy