Is the bank's transaction, in which the client is not obligated to purchase, sound, and if he does not wish to complete the transaction, he is only required to compensate for actual damages, if any, which is the difference between the purchase price of the item and its selling price in the market, knowing that the bank applies all the points mentioned in the Murabaha contract for the one who commands the purchase?
It is permissible to burden the purchase orderer with the actual damage that may befall the bank due to his backing out of completing the transaction. The institution may take the "earnest money" amount to secure its right to compensation for the actual damage resulting from the client's default, which is the difference between the cost of the commodity and its selling price to someone other than the purchase orderer. Compensation does not include lost opportunity. This amount may either be a trust for safekeeping or a trust for investment on a Mudarabah basis. When the client fulfills his promise, the institution must return the earnest money or deduct it from the price of the commodity.
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- Ftawy
- Original fatwa ID
- 184341
- Imported
- Translation status
- Source text, unreviewed
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