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The question

Is the money demanded by the debtor considered a debt that is obligatory to be paid according to Sharia, knowing that there are checks as collateral?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Such financial disputes require a judge or an arbitrator to examine the details of the situation. We can clarify the general principle in two matters:

1. The capital owner has the right to revoke the contract, provided that the Mudarib is not harmed. Some scholars are of the view that the Mudarabah becomes binding once the Mudarib commences work, until actual or constructive liquidation.

2. If a loss occurs in the Mudarabah, the Mudarib loses his effort, and the capital owner loses his money. The Mudarib does not guarantee any of the money unless there is transgression or negligence.

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Ftawy
Original fatwa ID
183864
Imported
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Source text, unreviewed
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