What should I do about my friend who took money from me for an 'Umrah trip that was canceled, and she claimed the company defrauded her, knowing that I need the money and there is no proof of me giving her the money except the testimony of colleagues who fell into the same problem?
The situation of the woman who took the money for the visas is not without two possibilities:
1. She is an agent for the questioner and others: In this case, she is not liable, because she is entrusted, and recourse should be made to the institution that issues the visas. 2. She is the guarantor for the visas: She must provide the visas in fulfillment of the contract, and if she is unable, the contract is فسخ (nullified), and she must return what she took, due to the generality of the hadith: "On the hand is what it has taken until it returns it." Among the reasons for liability are possession, causing loss, and causation.
The absence of documents in the questioner's possession does not invalidate his right, and the woman's circumstances should be considered and she should be given respite if she is in financial difficulty. She can then seek recourse from the company that defrauded her.
Summarized from the full answer at Ftawy · imported
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- Original fatwa ID
- 101938
- Imported
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- Source text, unreviewed
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