To what extent are the conditions valid regarding the payment of 20,0 EGP if one of the parties breaches the contract terms, and the condition that the share of the shop from the property's land may not be disposed of independently? Is it sufficient to tear up the old contract and write a new one to remove these conditions?
The aforementioned contract is a manufacturing (istisna') contract for the shop.
As for the penalty clause: It is permissible to stipulate it against the manufacturer for delay in delivery or failure to meet the agreed-upon specifications, to compensate for actual damages. However, it is not permissible for the buyer (mustasni') if they delay in paying the price.
As for stipulating non-disposal of the undivided share of the land pertaining to the shop before informing the partners: This is permissible.
In the event that some conditions are invalid, there is a difference of opinion among scholars regarding the invalidation of the entire contract. The more cautious approach is to renew the contract.
It is advisable to consult scholars to present the conditions and clarify which of them are valid and which are invalid.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/182347
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 182347
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy