Explain the jurisprudential and legal challenges of bank delay fines and provide solutions

Subject Areas : Nameh Elahiyat

Muhammad Hadi Mahdawi ¹ , Ehsan Ali Akbari Babukani ² , Jawad Edalatjoo ³

1 - Assistant Professor of Islamic Azad University, Najafabad Branch
2 - Assistant Professor, University of Isfahan
3 - PhD Student in Islamic Jurisprudence and Fundamentals of Islamic Law, Islamic Azad University, Najafabad Branch

Received: 2021-10-20 Accepted : 2021-10-20 Published : 2020-10-22

Keywords: : Delay penalty, bank payment, jurisprudential challenge,

Abstract :

One of the issues in long-term transactions, especially in banking transactions, is the non-payment of debts at the due date. Public trust and the reduction of long-term transactions, the reduction of good loans, and the reduction of the spirit of cooperation and cooperation between individuals. Shari'a and the interests of society, to find practical solutions to solve the problem fairly and justly. One solution to this problem is "late payment penalty" or "late payment damages". The penalty for late payment is a way to compensate for the damages incurred by the debtor as a result of the debtor's delay in paying his debts, so not only is it not subject to usury, but its compensation is protected by the legislature with general rules such as no harm. But in relation to it, challenges such as usury, non-segregation of debtor classes, encouraging customers to default, have been raised regarding the penalty for late payment, which the present article seeks to explain, and it seems that none of these challenges is the principle of penalty for late payment. It does not distort. Solutions such as the implementation of collateral and guarantee, the condition of late payment damages, financial penalties for violators, financial penalties for violators, the formation of a charity fund, the formation of a creditor protection fund, can be very effective for the challenges of bank delay penalties.