A Study of the Jurisprudential Rule of Penalty and Threat Clauses in Delayed Payment Fine in Interest- free Banking
The present article deals with two issues which have always been a great concern for the scholars in the field of Islamic economics in Interest- free banking. They are receiving damages and delayed payment fine. Thus article is an attempt to study the principle of late payment damages, condition of damages, and that of delayed payment fine. The important thing is reaching the jurisprudential rule of these two cases and distinguishing between them, since jurisprudents views and statute laws concerning them are so confusing and vague. This issue is so closely linked with bank contracts that it is not possible to study them regardless of this point. Banks impose the provision on their applicants of their facilities that every overdue payment of installments would requirethem to pay 1.48 percent of the amount of installment regardless of any loss suffered by the bank. Receiving damages does not prevent to oblige the client to pay simultaneously the delayed installments.Most of the studies done in this field have tackled the issue of late payment damages in view of inflation. However, this article is an attempt to study damages and delayed payment fine irrespective of the issue of inflation and economic crises. It also studies the issue of receiving damages due to prior damages(compound damages)We hope this article would provide an opportunity towards further study and solution of banking problems.
پژوهشنامه حقوق اسلامی, Volume:9 Issue:28, 2011
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