What is the ruling of Islamic law regarding a dispute over a penalty clause for delaying the handover of a construction project, knowing that the causes of the delay are beyond the control of one of the partners, and that the contract did not stipulate فسخ (termination), which could lead to severe material and moral losses?
A fatwa in the fatwa department is issued based on the assumption that the question presented is accurate. If a dispute arises, the reference is the Sharia judiciary, and the judge's ruling is binding after hearing from both parties. If the contract stipulates that no penalty for delay is binding if the delay is beyond the contractor's control, then this condition must be adhered to.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
Read the full answer on Ftawyhttps://ftawy.com/en/questions/88118