Is it a condition for the financing institution to own the furniture and the car until all installments are paid in an Islamic Murabaha transaction, or is it permissible for the buyer to own them with the car being mortgaged?
Previous fatwas have clarified the conditions for a Murabaha contract, the most important of which is that the seller must own the commodity and it must be in their possession and under their guarantee before selling it to the buyer. If the institution has acquired ownership of the car and furniture and taken possession of them, then it is permissible for them to sell them to you. Possession differs depending on the type of asset; for movable assets, mere "takhliyah" (vacation of obstacles and enablement of possession) is sufficient. It is not necessary for the commodity to remain with the institution after the sale. If the institution stipulates that the commodity be mortgaged with them to guarantee installment payments, there is no harm in that. The commodity can remain in the buyer's possession without disposal except with the institution's permission. The Islamic Fiqh Academy has adopted the permissibility of the seller stipulating the mortgage of the sold item to guarantee deferred installments.
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- 101861
- Imported
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