What is the ruling on taking a late payment penalty instead of compensation for the decrease in the value of money, knowing that the partnership has ceased?
It appears that the agreement between the questioner and the person is a Mudarabah (profit-sharing) contract. If a loss occurs without any transgression or negligence on the part of the Mudarib (the working partner), then the loss is borne by the capital provider, and the Mudarib is not held responsible for it. However, if the Mudarib is negligent or transgresses, then he is liable for the amount, and it becomes a debt upon him. The one in hardship must be given respite, and the matter of the procrastinator should be referred to the judge. It is not permissible to impose a late penalty fee on the debtor.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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