البدائل الشرعية للشرط الجزائي في الديون

Abstract EN

This study aims to demonstrate the legitimacy of the penalty clause in debt and the proposed alternatives to it, as the importance of the topic emerged from the reality of Islamic banks that adopt many types of debt contracts, which led to the emergence of the problem of delayed repayment of debts and this was a push to find solution to it.

What is the legitimacy of the penalty clause and what are the proposed alternatives to it? A number of results have been reached, the most important of which is the inadmissibility of the penalty clause in debts, as well as the alternatives proposed for it, except for the alternative solutions to the remaining installments.

Therefore, the most important recommendation that can be proposed is the need to unify efforts between Sharia and legal scholars; to find legitimate and practical solutions that address the problem of debt default.