Analyzing the ruling on requiring a late payment penalty in Islamic jurisprudence with a view to the distributive justice of banking facilities

The issue of usury in Islamic banking is always familiar with late payment penalties. Therefore, to get rid of this problem, various theories have been proposed. In this research, analytical-descriptive methods have been used to investigate the solution to get rid of the usurious nature of late payment. Some jurists have come up with solutions to solve the jurisprudential problem of late fines and consider it as Shariah. But what has been neglected is that many legal scholars do not have the possibility to use this general capacity of the country, which is the Muslim right of the members of the society, due to the fatwa of their authority regarding the sanctity of late fines. Based on the results of this study, it is possible to disqualify a significant part of the religious people who, based on the fatwa of some Imami and Sunni jurists, regarding the sanctity of late payment fines, from receiving bank facilities such as loans, Murabahah and Jaalah. For this purpose and in line with distributive justice in the discussion of resource allocation, it is possible to propose this important and practical policy to the central bank, which is in accordance with Shia and Sunni jurisprudence, a new version of bank contracts in which methods such as the allocation of late crimes to expenses If the charity is expected, prepare and communicate it to the banking network.