Is the buyer's deduction of "late payment penalties" from the company, from the remaining installments of the housing unit, considered a usurious transaction?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
It is permissible to stipulate a financial penalty (a penalty clause) on the seller if he delays in delivering the sold item, provided that this penalty is commensurate with the actual damage incurred by the buyer, excluding moral damage. The penalty clause may be stipulated in the contract or in a subsequent agreement. This is not considered usury as long as the buyer is the debtor, and the penalty clause is known to both parties and limited to the actual damage.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/92945
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 92945
- 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