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The question

What is the ruling on purchasing real estate through Murabaha from Al Safa Bank, given the presence of a penalty clause (late payment fine) in the contract, and is it permissible to deal with them despite being certain of the ability to repay and avoid delay?

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

Murabaha to the one who promises to purchase is permissible under certain conditions: the seller must own the commodity and acquire legitimate possession, and bear responsibility for damage before delivery and for hidden defects. If the one late in repaying the debt is a procrastinator, the creditor may refer the matter to the courts. The bank may also take sufficient guarantees such as a guarantor and a mortgage. If the debtor is in straitened circumstances, he must be granted a delay, as Allah Almighty says: "And if there is one in [financial] difficulty, then [let there be] a delay until [a time of] ease. But if you give [it as] charity, it is better for you, if you only knew." [Quran 2:280] Stipulating a "panic fee" - a late payment penalty - is not permissible according to the majority of scholars, though some contemporary scholars, such as some supervisory boards of Islamic financial institutions, have permitted it.

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Ftawy
Original fatwa ID
166770
Imported
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Source text, unreviewed
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