Is the fixed fine imposed by the bank for late loan payment, which is not dependent on the amount withdrawn, considered usurious interest (ribā) or is it permissible?
It is not permissible to stipulate interest on a loan, or a penalty for late repayment, whether it is fixed or tied to the amount. Nor is it permissible to borrow under such a condition, because entering into this contract is an commitment to usury and an acknowledgment of it. The resolutions of Islamic jurisprudence academies have stipulated that imposing a financial penalty for late repayment is a void condition and a form of usury from the جاهلية (pre-Islamic era). Sheikh Ibn Uthaymeen emphasized that this transaction is forbidden, even if the borrower intends to repay on time. Furthermore, every loan that stipulates an increase is forbidden usury by scholarly consensus.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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