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Claiming for more than the actual damage

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: I have recently bought a house through Islamic Financing. The bathroom tiles fell down about a week after we moved into the house. The seller agreed to fix few thing before closing the deal but after closing the deal, the seller refuses to fix anything. I spoke to an attorney and the attorney tried to do a settlement with the seller but he ignored us. My attorney gave me an option to file a lawsuit against the seller. My question is, if I file a lawsuit and get a compensation more than the actual cost of the damages, will that be halaal for me to keep?

Bismillaah

A: Just take that amount that was due and not more than that.

And Allah Ta’ala (الله تعالى) knows best.

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.