Commitment to donate as a substitute for the late penalties in contracts concluded by the state

Abstract

This research aims to find a solution to the debt delay fines present in the many contracts concluded by the state with its citizens, this is what the state often uses to discourage debtors from delaying their debts, which is a legitimate goal. Because default in payment by a debtor who is capable of paying the debt is Haram (prohibited). However, the old and contemporary jurisprudential jurisprudence has concluded prohibiting the creditor from taking any increase in the original debt in the event of a delay in payment. Because it refers to the Riba of a-Nasee'ah (Usury). Some of the Researchers have resorted to suggesting another mechanism based on the obligation of the procrastinating debtor to donate to charitable causes, based on one of the Maliki sayings about the commitment to donate attached to the act of the committed. We have tried to test the applicability of this in Algerian administration contracts; Such as concession contracts, housing contracts, and loans of ANSEj, through an introduction, three studies, and a conclusion that were