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Sharīʿah Principle on Disposing of Property Held in Pledge (Rahn)

✿ Written by: Saudi Fatwa Committee (Fatāwā)

❖ Disposing of Pledged Property Held by the State or Any Authority​


If an item has been pledged as collateral—whether to the state or to any other authority or individual—then it is not permissible for the owner (rāhin) to dispose of or use that item without the explicit permission of the mortgagee (murtahin).


This is because:


  • The pledged item is tied to the right of the mortgagee,
  • And any use or transaction involving it without consent infringes upon that right.

Whether the mortgagee is:


  • A government body, or
  • Any non-governmental entity,

The same ruling applies.


Reference:
Ibn Bāz – Majmūʿ al-Fatāwā wa al-Maqālāt, 19/310
 
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