What is the ruling on mortgaging money to guarantee the return of a pilgrim (mu'tamir), as requested by offices issuing 'umrah visas to avoid fines?

There is no Shar'i (Islamic legal) impediment to the office taking a sum of money as a guarantee for the pilgrim's return within the specified period, so that the office can avoid official penalties. If the pilgrim does not adhere to the period and a fine is imposed on the office, the office has the right to take it from the guarantee amount, considering this a penalty clause. The resolution of the Islamic Fiqh Academy states that a penalty clause is permissible in all financial contracts, except for those where the original obligation is a debt. The damage compensated for includes actual financial damage, real loss, and sure-lost profit, but does not include moral or emotional damage. If the pilgrim adheres to the terms and returns at the specified time, the guarantee amount is returned to him.