What is the ruling on purchasing real estate through Murabaha from Al Safa Bank, given the presence of a penalty clause (late payment fine) in the contract, and is it permissible to deal with them despite being certain of the ability to repay and avoid delay?
Murabaha to the one who promises to purchase is permissible under certain conditions: the seller must own the commodity and acquire legitimate possession, and bear responsibility for damage before delivery and for hidden defects. If the one late in repaying the debt is a procrastinator, the creditor may refer the matter to the courts. The bank may also take sufficient guarantees such as a guarantor and a mortgage. If the debtor is in straitened circumstances, he must be granted a delay, as Allah Almighty says: "And if there is one in [financial] difficulty, then [let there be] a delay until [a time of] ease. But if you give [it as] charity, it is better for you, if you only knew." [Quran 2:280] Stipulating a "panic fee" - a late payment penalty - is not permissible according to the majority of scholars, though some contemporary scholars, such as some Sharia supervisory boards of Islamic financial institutions, have permitted it.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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