If an usurious increase is stipulated in a loan, and you wish to pay off the debt before this increase becomes due, is this loan considered permissible due to the conventional jurisprudential necessity, or is it only permissible in cases of extreme necessity?
Source: FtawySummarized from the full answer at Ftawy · reviewed Sep 2, 2026
Stipulating an increase in a loan contract is invalid. Some scholars are of the view that this condition invalidates the contract fundamentally, while others hold that a corrupt condition does not invalidate the loan, and the contract can be rectified by voiding the condition or returning the increase. As for entering into a loan contract that obliges the defaulter to pay interest, it is not permissible, even if the borrower intends to pay before the interest becomes due, because it involves accepting forbidden conditions and acknowledging usury. However, it is permissible in cases of urgent need, falling short of necessity.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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