An-Najah University Journal for Research - B (Humanities)


The penalty clause or what is known as a fine delay of the most important methods used in the treatment of the delay in the repayment of debt and financial obligations. However, this method must be weighed according to Sharia rules. The present research is a doctrinal study of the penalty clause adopted by the deposit guarantee institutions. The research investigates the penalty clause pertaining to the activities and treatment of debts in the Deposit Insurance Corporation. The researcher has come to the result that the penalty clause on services is legitimate, whereas it is not on debts, and that the legitimate alternative is the legitimate alternative should be through compensation for damages and non-fiscal Ta’zir punishments as well as reinsurance.