Arabic (غرامة) for penalty or fine, or in general “all that needs to be paid out as a result of a specific wrongdoing”. The context here implies a disciplinary measure- typically as a burden rather than compensation. An example is the penalty for default in murabaha (imposed on the defaulting buyer). The penalty fees cannot be imposed if the buyer is in default due to insolvency. Also, the seller can only charge gharamah to the extent of actual damage (resulting from inability of the seller to sell the goods at the same price, at least, in the market). In general, gharamat (plural of gharamah go to charity, and are not a source of income for the party charging them.
May 31, 2024