Fatwas on Conditions of the Contracting Parties
Q1464: If the government or Islamic court injunction forced someone to sell their land and household effects, is it permissible for those who know that the person has been compelled to sell his/her belongings to buy them?
A: If they have been forced to sell their land and household effects rightfully, i.e., by those who have the right to issue such an injunction, there is no harm in buying the same from them. Otherwise, the owner’s consent should be obtained even after the transaction is made.
Q1465: The sale of some property involved a chain of buyers and sellers. Thereafter, the original vendor’s property is frozen and confiscated. Does this extend to the sale of the property and thereby render it null and void?
A: If it is proved that at the time of transaction the original vendor was banned from selling the property by an Islamic court injunction or despite his control over the property, he was not its owner, i.e., the judge had the right to confiscate the property, the injunction to freezing the property could be applied to the sale thereof, in which case the sale made before the injunction is deemed null and void.
Otherwise, the subsequent order to freeze the person’s possessions should not apply to the sale of the property. Accordingly, it would not make any deal prior to the freezing null and void.
Q1466: The complexities of social relations and people’s economic and social problems may compel people to conclude deals, which are unfair and harmful to them or at least the transaction is considered disliked in the common view. Should compulsion render such deals null and void according to Islamic Law?
A: From a jurisprudential viewpoint, concluding any deal out of compulsion, yet willingly, does not detract from the validity of the deal. However, as far as the ethical and humanitarian aspects are concerned, the other party must not make capital out of the misfortunes of the second party.
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