Document Type : Original Article

Author

• Seiied Amrollah Hoseini

Assistant Professor of the Department of Fiqh and Islamic Law Foundations at International Imam Khomeini University

Abstract

One of the challenges of the banking system is the challenge of customer lag in repaying loans at maturity and as a result of an increase in non-current claims and damages arising from this issue. In Iranian banking system, the only basis for compensation is penalty clause, and it is facing with the usury problem and in practice has not been effective .Researchers offers some alternatives. Including Liability for profits and loss of profits, because of delaying in repaying debt of banks loses the opportunity of using from their capital and obtain anticipatory profits .But Liability for loss of profits has been facing challenges in shi^,a Jurisprudence, and whether that could be the basis for receiving compensation for late payment, there is doubt. Root of doubts returns to whether it has Financial value or not .and is it loss or not. The present study has tried to discuss jurisprudential regarding the possibility of obtaining compensation for the delay of payment on the basis of the liability for loss of profits and profits. The results have opened up a new field for researchers in this releam.

Keywords

• Late Payment Compensation
• Loss of anticipatory profit
• Non-Current Loans