Back to search

Is the contract considered usurious and forbidden if a company other than the contracting parties imposes a usurious late payment penalty for non-payment of the invoice, knowing that this penalty is beyond the control of the contracting parties, and does the rule "what is customarily known is like what is contractually stipulated" apply to this case?

1 min readAlso available in العربية

If the affliction of late payment penalties for phone bills or parking fees becomes widespread, there is no harm in engaging in these transactions, provided one commits to paying on time to avoid the penalty. This is because a widespread affliction is a reason for leniency and the removal of hardship. The jurisprudential maxim states: "When a matter becomes constricted, it expands." This dispensation is permissible due to need, especially if it is widespread.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

Read the full answer on Ftawy