Is it permissible, Islamically, for a construction company to confiscate all advance payments and due installments, in addition to 20% of the total contract value as compensation, if the buyer withdraws from purchasing a house by installments?
The contract as described is not permissible due to the presence of jahalah (uncertainty), gharar (risk/deception), and the unlawful acquisition of wealth (akl al-mal bil-batil). This is because the value of the down payment and the installments due are unknown. The penalty clause (shart jazai) is intended to compensate for actual damages, not as a means to seize the down payment. A penalty clause is valid and considered permissible unless there is a legitimate Shariah excuse, or if it is excessive by common custom and intended as a financial threat. In such cases, fairness and justice must be observed, and the assessment of this matter, in case of dispute, is referred to the Shariah judge.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
Read the full answer on Ftawyhttps://ftawy.com/en/questions/169477