Is there any Shariah-based impermissibility in taking a 10% guarantee from the supplier if the delivery period exceeds 15 days and the price is 100.0, provided that the guarantee is returned after the materials are supplied?
Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 2026
It is permissible to take a sum of money from the supplier to ensure timely delivery of the goods; this is a type of penalty clause. If the amount is excessively large, the damages incurred by the requesting party shall be estimated by the court and experts, in accordance with the ruling of the Council of Senior Scholars that a penalty clause is valid and enforceable unless there is a legitimate excuse for breaching the obligation. If the penalty clause is exaggerated, fairness and justice must be observed in estimating the damages.
Summarized from the full answer at Ftawy · imported
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- Original fatwa ID
- 17904
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