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Penalty for late payment of rent

Answered according to Hanafi Fiqh by TheMufti.com

Q. My landlord has made an agreement with me that if I delay in paying my rent on the 7th of each Month, he will charge me R350 plus vat as a penalty for the late payment of my rent? Is this allowed in Islam?


A.In principle, the payment of rent from the Lessee (Tenant) to the Lessor (Landlord) is considered a debt in Shariah and as such, the law of debts will apply.

One of the laws of debts is, a person may not ask for more than is due to him as this would constitute Riba (interest). Therefore, a penalty fee for the late payment of rent would not be allowed, as it would be Riba (interest). (Shaami 5/166)

A penalty clause for the late payment of rent is impermissible and cannot be added as a clause in a Shariah-compliant lease agreement.

Allah Ta’ala Knows Best

Mufti Ismaeel Bassa

This answer was collected from TheMufti.com, which is a fatwa portal managed by Mufti Ismaeel Bassa from South Africa.

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