عنوان مقاله [English]
One of the major challenges of the banking system is how overdue claims are collected, although today, in our banking system, we use penalty clause funds, but it is possible to use other options as well. One of the suggested solutions is the “financial punishment” to offend customers. Of course, this solution also faces challenges, including whether ta'zir can be done in a variety of ways, such as financial punishment, or, as some people have said, it solely to use for physical punishment. In addition, what is the reason for shariah compliance? Moreover, with the assumption of its shariah compliance, is it possible to exercise for our problem? And in the end, how can you enforce financial punishment against the offender? The present study attempts to cross the mentioned jurisprudential challenges by the descriptive-analytical method and show that the suggested solution in the Islamic banking system is compatible and applicable.