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Title

A Comparative Analysis of Charging Delay Penalty According to The Current Law and The New Reba-Free Banking Draft, With a Practical Method

Writers

Mohebi Mohamad Taghi

Pages

 Start Page 407 | End Page 432

Abstract

Late Payment Fee associated with bank facilities and loan repayment is among the banking system's predicaments. According to the existing Ribafree banking operation law, banks are permitted to ask for Cash Bail Bond from the receiver of facilities so that in case of any delay in instalment repayment they could have access to it. This is a matter of controversy among Islamic jurisprudents, since they consider it to be additional to the loan, hence forbidden as Riba. In the new Riba-free banking draft offered to the Iranian parliament it is recommended that the receiver of facilities be committed under another contract named Contract of Settlement to pay an additional fixed amount to the bank in case of installment repayment delay. This in its own turn requires some more expert evaluation for approval. The article aims to make a comparison between the two abovementioned methods and to offer a new practical one which can both remove the Islamic jurisprudential problem and facilitate the banks' executive duties. It can also be considered in the new Riba-free banking draft.

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