An Islamic fiqh term that is associated with the process of sulh al-ibra’ or discharge reconciliation. The creditor party accepts that the debtor party accelerates the repayment of his delayed debt by paying an amount that is less than the total amount (face value) of the debt. Islamic jurists and fuqaha are in disagreement about legality or permissibility of this reconciliation process. Malikis and Shafi’es argued that it is void (batil) because of the usury (riba) element contained in the gain the borrower receives by delaying repayment and forcing the lender to accept settlement for less. Hanafis and Hanbalis permitted such reconciliation under specific conditions. Some jurists (specifically, Ibn Abbas, Ahmad, Ibn Taymiyyah, Ibn al-Qayym, and Chawkani) were of the opinion that it is permissible from a shari’a perspective.
Da’ wa ta’ajjal (ضع وتعجل) is an Arabic expression that translates as “take less for accelerating payment” or “get less for prepayment/ early payment”.
Comments