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(F 284) What is the Islamic ruling on a verbal agreement to sell a piece of land where a deposit was received, but after three weeks the seller backed out of the sale? The buyer now wants the deposit back along with an additional amount of money because the value of the currency has decreased. The buyer wants to calculate the additional amount based on the difference in the dollar exchange rate.

First: Regarding the ruling on a deposit in general, the Ḥanbalī school allows it after the contract has been concluded, while the majority of scholars prohibit it, considering it to be a form of unjustly consuming people’s wealth. The correct view is that it is permissible.

Second: The difference in the currency exchange rate is not considered unless it is significantly large, which some jurists have defined as one-third of the value. If the difference is one-third or more, we refer to the value, which here should be assessed in gold or its purchasing power at the time of the agreement. If the difference is less than one-third, it is not considered, and repayment should be equivalent in kind.

For example, the deferred dowry of a woman, if a long time has passed and the currency value has changed by more than one-third, she is entitled to the equivalent value rather than the same amount.

Fatwā issued by Dr. Khālid Naṣr