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Fatwa - Lawyers costs

Q: I sold goods to a customer some months ago. This customer has not paid me. My only recourse in getting my money back is to issue summons. My query is : Can I charge him for all my legal costs ?



The Shariah has encouraged us to be lenient on our debtors if they are in difficulty and one is not pressed for money.

If you are able to acquire your money from him in a better manner without engaging the courts or are able to give your debtor more time to pay then this would be the more appropriate method of handling this issue. However, if you do go the legal route, and it is found that your debtor is indeed guilty of defaulting in payment then he could be held liable for the actual legal costs.

Mufti Shafiq Jakhura
Iftaa Department, Darul Ihsan Islamic Services Centre
I concur with the answer:
Mufti Zubair Bayat
Ameer, Darul Ihsan Islamic Services Centre
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