Is it permissible to take the financial increase ordered by the court as compensation for the withholding of money for ten months?
People's money is sacred (muhtaram), and it is not permissible to take it except with their willing consent or through a legitimate (shar'i) means. This applies to Muslims and non-combatant disbelievers alike. Therefore, it is not permissible to take what the court has ruled as an excess over your rights in exchange for the delay, because the ruler's judgment does not permit what Allah has forbidden. The Lawgiver (al-Shari') described the procrastinator as an oppressor and permitted defaming him and punishing him (imprisonment and the right-holder saying, "You have procrastinated with me"), but He did not impose a financial penalty on him. Therefore, you must dispose of what exceeds your right by returning it to its owners.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 47567
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy