Is it permissible to demand the return of funds that were forcibly forfeited prior to legal action being taken against them, knowing that more than four years have passed since their forfeiture?
An acknowledgment of debt discharge made under duress is not valid, and the coerced individual has the choice, after the duress has ceased, to either ratify the discharge or retract it. If the reconciliation (sulh) is based on an acknowledgment of right, and the claimant waives part of their right, then it is a permissible reconciliation and an irrevocable gift. However, if the reconciliation is based on a denial, due to fear of the oppressive defendant or due to the unavailability of evidence, then the claimant has the right to demand their full right. In all cases, the wealth acquired through such a reconciliation is not permissible for the oppressor in what lies between them and Allah the Almighty.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 81941
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
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