Home
Discover Islam
Quran Recitations
Lectures
Fatwa
Articles
Fiqh
E-Books
Women
Boys & Girls 
Enter Question
View By Subject
Fatwa Of The Week
Selected Fatwa
Fatwa CenterRuling on Late Payment Penalties and Obeying Parents in Such Contracts
Question
In my country, the scholars (may Allah forgive them and us) here follow the opinion that late payment fees are allowed. I don’t follow this opinion, however my family do due to their following of reliable scholars. Due to this, and my ignorance, I am in a contract that has this clause. Is it sinful and committing riba if I help my father in this contract? Do you advise me to confront my parents about it, though they may not understand and may take my opposing the scholars to be deviant?
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 (
) is His Slave and Messenger.
If what is meant by these late fees is a penalty imposed on a debtor when he delays repayment, which the creditor takes for himself, then this is prohibited interest.
It states in a resolution of the Islamic Fiqh Council of the Muslim World League, held in Makkah in the year 1409 AH:
“The council unanimously decided the following: If a creditor stipulates or imposes upon the debtor that he must pay a sum of money as a financial penalty—either a fixed amount or a percentage—if he delays payment beyond the agreed time, then this condition or imposition is invalid. It is not obligatory to fulfill it, nor is it permissible… because this is exactly the type of interest from the pre-Islamic era which the Qur’an came to prohibit.” End quote.
Based on this, it is not permissible for you to obey your parents in entering into a contract that includes such a penalty. Rather, you should decline with kindness and wisdom, and inform them that there is no obedience to any created being if it involves disobedience to the Creator.
However, if this penalty is taken from a delaying debtor and given to charitable causes – not to the creditor – then some contemporary scholars have permitted this. In such disputed matters, whether a child must obey their parents or not is an issue of scholarly difference.
What appears to us is that if a person believes something to be prohibited or obligatory, then it is not permissible for him to obey anyone whose obedience is normally required – such as parents – in committing what he believes to be prohibited or abandoning what he believes to be obligatory, even if there is scholarly disagreement.
As for matters outside the scope of clear prohibition and obligation, if a parent instructs the child to do or leave something, then the stronger view is that he must obey them within his ability. The jurists have stated that in matters of scholarly disagreement, obedience to those whose obedience is required – such as a parent or husband – is binding if they command one of the valid views, even if the child believes another view to be stronger, so long as it does not lead to committing what he believes is prohibited or abandoning what he believes is obligatory.
Accordingly, if the son believes that what his parents are asking him to do is prohibited, then he should not obey them. However, he should respond gently, showing love and humility, making it clear that he is not refusing out of disregard for them or lack of dutifulness, but because he believes the matter to be prohibited.
Allah Knows best
Search Fatwa
Fatwa Subject
