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The question

Does a loan become impermissible in Sharia if there is a clause that obligates the payment of interest as a penalty in the event of a breach of the loan conditions, knowing that it is originally an interest-free loan?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The penalty clause in this contract, which includes the repayment of the loan with usurious interest, renders the contract null and forbidden. Every loan that stipulates an increase beyond the principal amount is a usurious and forbidden loan. Ibn Abd al-Barr transmitted the consensus of scholars that every increase stipulated by the lender from the borrower is usury. Furthermore, the Islamic Fiqh Academy has issued a ruling that the creditor's condition requiring the debtor to pay a penalty amount for delayed repayment is a void and forbidden condition; because it is precisely the usury of the pre-Islamic era (Jahiliyyah), and it is impermissible to enter into a contract that includes a usurious condition.

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
17495
Imported
Translation status
Source text, unreviewed
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