Question :

There is a piece of land owned jointly by partners. One of the partners sold one dunam of the land for an amount of 10,000 dinars, which was registered at the Land Department for 3,500 dinars. One of the partners intended to acquire the piece of land through preemption (Shuf`a), and an agreement was reached to purchase it for 10,000 dinars. The buyer obtained a loan with an interest of 800 dinars on the amount. Is the seller entitled to claim the interest amount or not?

The Answer :

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon Prophet Mohammad and upon all his family and companions.

 

The general rule in Sharia is that the preemption claimant (Shafi') acquires the share at the price agreed upon in the contract between the original seller and the buyer. Al-Khatib al-Sharbini, a Shafi'i jurist, stated: "The preemption claimant takes their share from the buyer at the known price that was agreed upon in the sales contract" (Al-Iqna' fi Hall Alfaz Abi Shuja', v.2/pp.337).

As for the amounts incurred by the buyer as interest or Murabaha to purchase the share of the original seller, the preemption claimant is not obligated to bear them. This is because what the preemption claimant contributes from the price to the buyer is in exchange for what the buyer has given, while it is essential to note that taking a loan with interest is prohibited by Sharia.

Therefore, the preemption claimant is not obliged to pay the interest incurred by the buyer for the purchase of the shared portion. And Allah The Almighty Knows Best.

Comments

Name *

E. mail Address **

Country --- Select Country --- Afghanistan Albania Algeria Andorra Angola Antigua and Barbuda Argentina Armenia Australia Austria Azerbaijan Bahamas Bahrain Bangladesh Barbados Belarus Belgium Belize Benin Bhutan Bolivia Bosnia and Herzegovina Botswana Brazil Brunei Darussalam Bulgaria Burkina Faso Burundi Cambodia Cameroon Canada Cape Verde Central African Republic Chad Chile China Colombia Comoros Congo Congo Costa Rica Côte d'Ivoire Croatia Cuba Cyprus Czech Republic Denmark Djibouti Dominica Dominican Ecuador Egypt El Salvador Equatorial Guinea Eritrea Estonia Ethiopia Fiji Finland France Gabon Gambia Georgia Germany Ghana Greece Grenada Guatemala Guinea Guinea-Bissau Guyana Haiti Holland Honduras Hungary Iceland India Indonesia Iran Iraq Ireland Israel Italy Jamaica Japan Jordan Kazakhstan Kenya Kiribati Korea Kuwait Kyrgyzstan Latvia Lebanon Lesotho Liberia Libyan Arab Jamahiriya Liechtenstein Lithuania Luxembourg Madagascar Malawi Malaysia Maldives Mali Malta Marshall Islands Mauritania Mauritius Mexico Micronesia Moldova Monaco Mongolia Montenegro Morocco Mozambique Myanmar Namibia Nauru Nepal Netherlands New Zealand Nicaragua Niger Nigeria Norway Oman Pakistan Palau Panama Papua New Guinea Paraguay Peru Philippines Poland Portugal Qatar Republic of Korea Romania Russia Rwanda Saint Kitts and Nevis Saint Lucia Samoa San Marino Sao Tome and Principe Saudi Arabia Senegal Serbia Seychelles Sierra Leone Singapore Slovakia Slovenia Solomon Islands Somalia South Africa Spain Sri Lanka Sudan Suriname Swaziland Sweden Switzerland Syrian Arab Republic Tajikistan Tanzania Thailand Timor-Leste Togo Tonga Trinidad and Tobago Tunisia Turkey Turkmenistan Tuvalu Uganda Ukraine United Arab Emirates United Kingdom United States of America Uruguay Uzbekistan Vanuatu Vatican Venezuela Viet Nam Yemen Zambia Zimbabwe

Comment Title *

Comment *

Enter the number shown on the image

*

Warning: this window is not dedicated to receive religious questions, but to comment on topics published for the benefit of the site administrators—and not for publication. We are pleased to receive religious questions in the section "Send Your Question". So we apologize to readers for not answering any questions through this window of "Comments" for the sake of work organization. Thank you.