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Ruling on Reducing a Deferred Debt in Exchange for Early Payment

Question

I have 30 yr mortgage for my primary residence thru guidance (Islamic finance), can I pay extra on a monthly basis towards principal to payoff early? I heard since the contract is made for a specific amount

Answer

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad ( sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention )) is His Slave and Messenger.

There is no harm in paying off part of a debt earlier than its due date. However, if early payment results in reducing part of the agreed profit – whether this agreement was made at the time of the contract or afterward – then this is a matter of scholarly disagreement.

The majority of jurists do not permit it, while some Hanbali scholars allow it. This view was chosen by Shaykh Al-Islam Ibn Taymiyyah and Ibn Al-Qayyim  may  Allaah  have  mercy  upon  them and it is also reported from Ibn ʿAbbas  may  Allaah  be  pleased  with  him.

This is the opinion adopted by the Islamic Fiqh Academy, on the condition that the reduction of the debt in exchange for early payment is not stipulated in advance at the time of the contract. The Academy stated: “A reduction of a deferred debt in exchange for accelerating its payment—whether initiated by the creditor or the debtor...is permissible in Islamic law and does not fall under prohibited riba, provided that the reduction is not based on a prior agreement.” (End quote)

Allah Knows best

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