Abstract:
Although punitive penal has been regarded in classical islamic law resources, it is not taken into consideration as an issue in respect of technical meaning today. We have especially come across provisions of penal clause in islamic world due to the effects of modern law since the 19th century. The penal clause has a wide practice area in laws of contracts, laws of trade, llaw of labour and civil law in present time. Whether the Penal Clause should be practised or not has been a current issue because of the reasons such as he reimbursement of the damage, due to not being paid of the debt, and the compensation of the opportunities and also the providing of the profit. Especially application of some institutions such as participated banks to the penal clause and questioning of the constitutionalism of the application, has resulted of the issue of being investigated.
