Back to search
The question

How can one reconcile a fatwa that permits imposing a fine for delayed payment of bank installments, considering it a discretionary punishment (ta'zir) based on the Prophet's (peace be upon him) action regarding the one who withheld zakat on camels, by stating: "We shall take it from him and half of his property," with another fatwa that prohibits penalty clauses and deems them usury (riba)?

Share this answer

Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The stipulated increase for late debt payment is forbidden usury (riba), and it is impermissible to legitimize it by calling it a fine or a financial penalty. The Islamic Fiqh Academy has explicitly stated its prohibition in multiple resolutions, emphasizing that any increase on a deferred debt due to inability to pay, or on a loan from the beginning of the contract, is legally forbidden usury. Furthermore, it is not permissible to stipulate any increase on the debt when the debtor buyer delays in paying installments, nor is it permissible to impose a penalty clause for delaying the delivery of the forward-sale item (al-Muslam fihi), because this falls under the category of increasing debts due to delay. Financial penalties (al-ta'zir bil-mal) are forbidden according to the majority of scholars.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Source platform
Ftawy
Original fatwa ID
122780
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy