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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Fatwa No. ( 21477 )
Q: We have a box for the previous participants, which has complex conditions. The participant in the box pays one thousand and two hundred riyals at the end of each year, at a rate of one hundred riyals per month. If there is a delay in the payment time, he pays a penalty of one hundred riyals for each month along with the overdue amount for a period of six months. After that, he is considered to have withdrawn from the box and is not entitled to take any amount, and his balance in the box is considered confiscated.
If he later wants to return, he pays the delayed amount doubled, along with all the shares that accrued during his period of withdrawal or cessation of payment. It is known that some of the participating individuals are in difficult circumstances, some have a small salary that does not exceed one thousand and five hundred riyals, and some are unemployed, which causes them to delay payment and then be considered withdrawn and have their balance confiscated for the group of the box. Please inform us with a fatwa, may Allah reward you with good. I have tried to reconcile with the treasurer of the box, but to no avail, and they insist on implementing the penalty condition. I desire an official fatwa regarding that, namely the penalty condition and the confiscation of the individual's right and zakah. May Allah preserve you.

A: After reviewing the aforementioned agreement, it became clear that it contains financial penalties that are doubled for what the member pays, or the deprivation of the member of his right, and other such things. Since these penalties are not permissible according to the Shari'ah, because they are not from the willing heart of the member, and because they cause hatred and enmity between the members, which is apparent, it is obligatory to abandon them. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source www.alifta.gov.sa

The Arabic text is copied verbatim from the original source, without any edits.

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