Drafting a standard form of contracts containing an interest clause due to failure to complete

The standard form of contracts used in conveyancing in England contains a provision for interest to accrue where either the buyer or seller fail to complete/go through with the transaction. Would drafting such contracts be haram (considering the fact that they are the standard form used in the industry?)

الجواب حامدا ومصليا ومسلما ومنه الصدق والصواب

If you can amend the standard form of contracts used in conveyancing in England to remove the provision for interest to accrue where either the buyer or seller fail to complete/go through with the transaction, then you should do so.  You may instead introduce an undertaking by way of a unilateral promise from each buyer and seller to contribute an equivalent amount to charity if they fail to complete.  If, however, you cannot remove the provision for interest to accrue and are required to keep in in the contract by law or otherwise expose yourself to litigation for departing from industry norm, the drafting of the contract will not be deemed impermissible due to need. However, if possible, you should you advise Muslim clients that receiving such interest is not permissible.

And Allah knows best.

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