Discretionary punishment by money
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Fatwa number ( 6185 )
Praise be to Allah alone, and may peace and blessings be upon His Messenger, his family, and his Companions. After that: The Permanent Committee for Scholarly Research and Ifta has reviewed the inquiry sent to His Eminence the General President from the General Manager of the Water and Sewage Department of the Eastern Region, via the Honorable President of the Courts of the Eastern Region, registered with the Research Department under number (2020) on 19/8/1403 AH. The text of the inquiry is as follows: The Water and Sewage Department System, issued by Royal Decree number (22) on 23/6/1391 AH, stipulates in Article (16) that if the beneficiary of drinking water, or the user of the sewage system, does not pay the amount owed to the Department within seven days of the date of the demand, the Department shall issue a warning. If he does not pay within seven days of the date of the warning, a fine of 20% of the unpaid amount owed to him shall be imposed. If he does not pay
that, the amount owed to him along with a fine of 20% of the unpaid amount owed to him shall be collected in accordance with the rules for collecting state funds. The Department asks whether there is any doubt from a Sharia perspective in collecting an amount equivalent to 20% of the amount owed to the subscriber in the manner described, in light of the following two points: 1 - There is no loan from the Department to the subscriber; rather, it is an amount owed for his consumption of water and use of the sewage system. 2 - This percentage corresponds to the efforts made by the Department in response to the demand and warning. We hope for your response.
And it responded with the following:
Praise be to Allah alone, and may peace and blessings be upon His Messenger, his family, and his Companions. After that: The Permanent Committee for Scholarly Research and Ifta has reviewed the inquiry sent to His Eminence the General President from the General Manager of the Water and Sewage Department of the Eastern Region, via the Honorable President of the Courts of the Eastern Region, registered with the Research Department under number (2020) on 19/8/1403 AH. The text of the inquiry is as follows: The Water and Sewage Department System, issued by Royal Decree number (22) on 23/6/1391 AH, stipulates in Article (16) that if the beneficiary of drinking water, or the user of the sewage system, does not pay the amount owed to the Department within seven days of the date of the demand, the Department shall issue a warning. If he does not pay within seven days of the date of the warning, a fine of 20% of the unpaid amount owed to him shall be imposed. If he does not pay
that, the amount owed to him along with a fine of 20% of the unpaid amount owed to him shall be collected in accordance with the rules for collecting state funds. The Department asks whether there is any doubt from a Sharia perspective in collecting an amount equivalent to 20% of the amount owed to the subscriber in the manner described, in light of the following two points: 1 - There is no loan from the Department to the subscriber; rather, it is an amount owed for his consumption of water and use of the sewage system. 2 - This percentage corresponds to the efforts made by the Department in response to the demand and warning. We hope for your response.
And it responded with the following:
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.