What is the ruling on purchasing an apartment through real estate financing supported by the Ministry of Housing, in a case where a real estate office pays off the client's banking obligations, then adds the value of these obligations to the price of the apartment so that the documents are submitted to the bank at a higher price?
The transaction mentioned involves two prohibitions: First, the payment of the client's debt by the brokerage office is considered a loan. It is not permissible to combine a loan with any contract of exchange (mu'awadah), based on the Prophet's (peace be upon him) saying: "It is not lawful to combine a loan and a sale, nor two conditions in one sale." Second, burdening the price of the apartment with the client's debt, contrary to the reality, is impermissible, as it involves deception, falsehood, and unlawful consumption of public funds. This is because the sale is carried out through real estate financing supported by the ministry, and the state bears the murabaha profits on behalf of the client.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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