Verified Legal Answer Saudi Law 🇸🇦 العربية

What is the Sharia and statutory basis for obligating the defaulting party to compensate for the legal fees incurred by the right-holder?

6 views · 56 seconds ago

Legal Answer

Radiif AI Legal Assistant

⚡ Quick Answer:

This is based on the fact that the obligor, by delaying payment, has compelled the right-holder to appoint an attorney to claim his right, thereby necessitating compensation for the resulting damage. This relies on the Sharia maxim: 'Harm must be redressed' (الضرر يزال), and the statement of Sheikh Al-Islam Ibn...

This is based on the fact that the obligor, by delaying payment, has compelled the right-holder to appoint an attorney to claim his right, thereby necessitating compensation for the resulting damage. This relies on the Sharia maxim: 'Harm must be redressed' (الضرر يزال), and the statement of Sheikh Al-Islam Ibn Taymiyyah: 'If the party obligated by the right is capable of fulfilling it, but delays his counterpart in the right until he compels him to file a grievance, then whatever he spent or incurred due to that is upon the unjust wrongdoer, provided that the expenditure was customary and reasonable.'
Source: Radiif.com (رديف) · Saudi Legal AI Platform

Legal References & Citations

1
مبدأ قضائي - Article مبدأ

القاعدة الشرعية (الضرر يزال)

Share this answer:

About Radiif

Radiif is an AI legal platform specialized in Saudi Arabian law, providing answers verified by legal references and articles.

This answer is for general legal education and is not legal advice. Please consult a licensed attorney for your specific case.

Page Stats

Views 6
Citations 1
Language English 🇺🇸

Do you have specific details about your case?

Ask Radiif AI Legal Assistant now and get verified answers with exact citations from Saudi law.

Direct Legal Consultation

Do you want to consult a certified lawyer for this case?

We can suggest a list of certified lawyers with extensive expertise specifically in this domain.