The increase in exchange for delay
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Fatwa number ( 18736 )
Q: We have a car rental office, and some of our customers delay in paying us; this forces us to take the matter to the courts. This requires effort and follow-up, which has forced us to appoint a lawyer for a certain percentage, for example, 15%. 1. Is it permissible for us to add the lawyer's percentage + the percentage for preventing travel and police follow-up to the customer? 2. Sometimes we follow up on the case in court through an agent who has a specific salary to follow up on cases in court, and sometimes we attend the court sessions and follow up with the police stations ourselves. Is it permissible for us to take the lawyer's percentage? Knowing that we have signed with him in the contract to bear the costs of the lawyer and the court if it is taken to the courts.
A: The principle is that the right is to be collected from the one who owes it, without any increase. As for what you pay the lawyer, that is for your benefit and the preservation of your money, so it is not permissible to burden the debtors with it; because this falls under the usury of the pre-Islamic age of ignorance, which is the increase in exchange for delay. And the fact that this increase is stipulated upon the debtor and signed by both parties does not justify taking that percentage from the debtor; because this is an invalid condition that is not considered.
Q: We have a car rental office, and some of our customers delay in paying us; this forces us to take the matter to the courts. This requires effort and follow-up, which has forced us to appoint a lawyer for a certain percentage, for example, 15%. 1. Is it permissible for us to add the lawyer's percentage + the percentage for preventing travel and police follow-up to the customer? 2. Sometimes we follow up on the case in court through an agent who has a specific salary to follow up on cases in court, and sometimes we attend the court sessions and follow up with the police stations ourselves. Is it permissible for us to take the lawyer's percentage? Knowing that we have signed with him in the contract to bear the costs of the lawyer and the court if it is taken to the courts.
A: The principle is that the right is to be collected from the one who owes it, without any increase. As for what you pay the lawyer, that is for your benefit and the preservation of your money, so it is not permissible to burden the debtors with it; because this falls under the usury of the pre-Islamic age of ignorance, which is the increase in exchange for delay. And the fact that this increase is stipulated upon the debtor and signed by both parties does not justify taking that percentage from the debtor; because this is an invalid condition that is not considered.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.