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The question

What is the ruling on the penalty clause when a contract for the sale of a shop is terminated after the buyer has paid the first installment? Should this installment be returned to the buyer, or does it become the right of the seller?

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Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

If a sale is concluded with its conditions and pillars fulfilled, it becomes binding on both parties, and neither party may unilaterally revoke it except through iqalah (mutual agreement to cancel). A penalty clause for rescission is not permissible, nor is it permissible to stipulate compensation for the cancellation of a sales contract.

If the buyer wishes to withdraw from the sale and requests iqalah, the seller may refuse to take back the item except at a price lower than what it was sold for. This lower price could be equal to the value of the down payment, or more, or less, taking into consideration the jurisprudential difference of opinion regarding whether iqalah constitutes a rescission or a new sale.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
171585
Added here
. 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