One of the problems of the bankinig system is the delay in repaying debts. In order to solve this problem Islamic banks   use penalty condition in term of contract. But this condition is questionable due to its similarity to Riba and disagreements among the researchers. Proponents belive that the title of the realization of this condition and giving excessive amount is offense and fault of the customer and not the extension of the deadline and therefore this condition is not consistent  with the Riba and according to the proofs of the conditions is necessary. In this research by descriptive and analytical method stated that, firstly what are the terms and conditions of opposition of the Quran and Sunnah in the contractual terms? Secondly is penalty condition dose not have this rule and remains necessary? The result of this paper while solving a major jurisprudential issue will be an important step in solving the bank claims challenges.