From a shari’a perspective, it is not permissible that a solvent debtor defaults on his debt or delays settlement (in which case, a procrastinating debtor). In murabaha transactions, if the indebted purchase orderer (the client/ debtor) is deemed insolvent, after a due verification process, and is unable to settle his debt, the creditor (murabaha seller) is obliged by shari’a to extend the date of collection until such a time the orderer becomes solvent again.
However, when a solvent purchase orderer procrastinates in settling his murabaha-related debt, the seller who has bought the underlying commodity has the right to resort to one or more of the following actions:
- Taking the necessary penal procedures against the orderer in case the latter has issued dud checks for the amount of the debt.
- Taking the necessary civil procedures to collect the debt and to claim for any financial damages incurred due to procrastination.
- Taking the necessary civil procedures to recover any opportunity costs incurred due to procrastination.
Comments