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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The Ruling on the Penalty Clause for the Contractor and the Employer

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Question:
The questioner asks: Is the penalty clause on the contractor, or the owner of the building, if one of them is delayed and a certain amount is deducted from him or added to his cost, is this permissible?

Answer:
The penalty clause is only for the contractor if he is delayed in the work without a cause, meaning, by way of distinction and leniency, the scholars have issued a ruling that he is to be held to the penalty clause in order to ward off harm from the other party. This is the penalty clause regarding the contractor. As for the employer, no, the employer, no, there is no penalty clause in his favor. Yes.

The presenter:
May Allah reward you.
Source قناة «العلامة الدكتور صالح الفوزان»، 31/10 شرح كتاب التوحيد / الشيخ صالح الفوزان — youtube.com (44:02)

The Arabic text is a machine transcription of the audio recording.

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