The penalty clause in Islamic jurisprudence

The study aimed to clarify what is meant by the penalty clause, its characteristics and types, in preparation for the statement of its ruling in Islamic jurisprudence. And a statement of the legal ruling of the penal condition. And clarification of the position of the International Islamic Fiqh Academy on this issue when dealing with it and its decision in it and the foundations on which this decision was based. The study used the analytical method, where I analyze the position of the contemporary jurists, their sayings and evidence in the case in preparation for the statement of the most correct of them and the position of the Council in that case and the principle on which it relied in its decision, and adopted in writing a unified approach as is followed in comparative scientific research. The most prominent findings of the study are: that the penalty clause differs from selling with a deposit. The penalty clause for the delay in delivering a Muslim is not permissible, because it is a debt, and it is not permissible to stipulate an increase in debts at the time of delay, because it is an explicit usury without dispute. The judge has the right to amend the penalty clause whenever he deems it unfair to one of them, because the principle is that the damage occurred based on the debtor’s error in the obligation, and if the error was beyond his control and he had no control over it, the creditor would not be entitled to the penalty clause.