ما هو حكم الشريعة الإسلامية في طلب المتضرر تعويض الأضرار الناجمة عن جرائم تدليس ومسك واستعمال مُدلَّس والاستيلاء والخيانة الموصوفة، التي قام بها بنك إسلامي، وكيف يتم تحديد قيمة هذه الأضرار وفق الشريعة؟
Whoever is afflicted by harm is prescribed to seek its removal, due to the Almighty's saying: "And if you punish [an enemy], then punish with an equivalent of that with which you were punished. But if you are patient - it is better for those who are patient." And the Almighty's saying: "And those who, when injustice strikes them, they take retribution." And due to the Prophet's (peace be upon him) saying: "There shall be no harm nor reciprocating of harm." And due to the jurisprudential rule: "Harm is to be removed."
If the harm results in material loss to property or body, then the rightful owner has the right to demand compensation for this harm. In this regard, he should resort to the Sharia courts in his country, and he must present evidence for his claim, due to the Prophet's (peace be upon him) saying: "The burden of proof is upon the claimant, and the oath is upon the one who denies."
And if there are no Sharia courts, then he should turn to people of virtue and respected figures, while presenting evidence, perhaps they will rule in his favor for the deserved value.
And if he is unable to present evidence, then he should know that Allah Almighty will secure his right for him on the Day of Judgment, as in the hadith of the bankrupt person who comes on the Day of Judgment with good deeds, and [these deeds are] taken from him for the wronged.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
Read the full answer on Ftawyhttps://ftawy.com/en/questions/31784