What is the Sharia ruling on the sale of real estate shares under a time-sharing system, based on the attached contract?
We have previously clarified the ruling on what is known as the time-share system. This condition contains ambiguity, which is their statement: "In the event that the second party defaults on paying the annual maintenance fee of... Jordanian Dinars for this occupancy, which is directly linked to covering the costs of electricity, water, and subsequent maintenance aimed at ensuring the project remains ready." This may include both operational and non-operational maintenance. The tenant bears the operational maintenance, while the expenses for non-operational maintenance are borne by the lessor.
Among the penalty clauses in the contract, some are acceptable, such as the acceleration of the remaining lease installments upon the tenant's default in payment. The resolution of the Council of the International Islamic Fiqh Academy states: "It is permissible for contracting parties to agree on the acceleration of all installments if the debtor defaults on fulfilling any due installment, unless he is in hardship." As for the amount borne by the party who retracts from the agreement, it should be based on the actual damage. In the resolution of the Islamic Fiqh Academy regarding the penalty clause, it states: "The penalty clause... may be stipulated in all financial contracts, except for contracts in which the primary obligation is a debt; for this is clear usury... The damage for which compensation is permissible includes: actual financial damage, real loss incurred by the injured party, and definite profit missed, and does not include moral or emotional damage. The penalty clause is not enforced if the party against whom it was stipulated proves that their breach of contract was due to circumstances beyond their control, or proves that the party for whom it was stipulated did not suffer any damage from the breach of contract." Overall, working for the company is generally permissible. However, the company should review its contracts to ensure they are fully compliant with Sharia regulations.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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