What is the ruling on Murabaha as practiced by some Islamic banks—such as Zitouna Bank in Tunisia—given the existence of a penalty clause of 2% in case of failure to pay the installment, and is it permissible to deal with them to avoid usury?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
The murabaha transaction in the aforementioned bank cannot be judged without examining its terms and conditions. If the bank purchases the commodity and takes possession of it, then sells it to the customer on a murabaha basis, there is no objection. However, stipulating a late payment penalty is impermissible, as it is a form of usury (riba), and the need for rented housing does not justify engaging in a usurious transaction.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/120857
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- Ftawy
- Original fatwa ID
- 120857
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- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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- Read the full answer on Ftawy