Dear Muftiyaane Kiraam,Some halal mortgage providers charge early repayment fees if you lay back more than 10% of what you promised to pay each year. So it’s not a charge for delayed payment but for *early* repayment.Is such a fee jaaiz? Are you allowed to repay early if the fee is stipulated?

Answer: 

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم 

In the name of Allah, the Most Gracious, the Most Merciful 

Assalamu ‘alaykum wa rahmatullahi wa barakatuhu,

If a halal mortgage provider stipulates in the purchase agreement that, if a client repays more than 10% above the yearly repayment amount, they must pay an “early repayment fee,” then such a fee is not jaa’iz. One is still permitted to repay early despite the fee being stipulated, and the stipulation itself is deemed null and batil.

Imposing a fee solely due to early repayment amounts to a financial penalty for a lawful act. Such a condition is neither valid nor enforceable in Shariah. In fact, it is oppressive.

The Prophet ﷺ said:

 لاَ ضَرَرَ وَلاَ ضِرَارَ

“There should be neither harm nor reciprocating harm.”–Sunan Ibn Majah, Hadith #2341.

And he ﷺ also said:

وَالْمُسْلِمُونَ عَلَى شُرُوطِهِمْ إِلاَّ شَرْطًا حَرَّمَ حَلاَلاً أَوْ أَحَلَّ حَرَامًا

“The Muslims are bound by their conditions, except a condition that makes the lawful unlawful or the unlawful lawful.”—Sunan al-Tirmidhi, Hadith #1352

Hence, considering the above, one is permitted to repay early without an amount restriction, and a penalty fee for excessive repayment is not jaa’iz.

And Allah ﷻ knows best. 

فإن كان صوابا فمن الله وإن كان خطأ فمني ومن الشيطان والله ورسوله بريئان منه

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