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The question

Is it permissible to waive the right to purchase a plot of land for a sum of money (profit) after paying the down payment and before the sale is finalized, and what is this transaction called in Islamic jurisprudence? And is it permissible to sell plots of land within a residential block before the final registration (Afragh) of the master plan is completed, given that half the value of the original block has been paid, provided that the sale to new buyers follows the same system (paying half the value upon signing the contract and the remainder upon registration, which is expected within two years)?

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Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

If a person bargains for an item and agrees with the seller on a specific price, with a later date set for the contract, then he acquires the right to purchase, and it becomes forbidden for others to bargain for it. He may relinquish this right in exchange for financial compensation.

However, if the contract has been actually concluded, and possession of the land has been taken by vacating it, then it becomes the property of the buyer, and he may sell it even if the issuance of the title deed is delayed; because the sale was completed by the contract. But it is not permissible to sell land before taking actual possession of it.

And if a person buys a property or a group of lands and takes possession of them by vacating them (i.e., by taking control of them), then they become his property, and it is permissible to sell them and profit from them, even if he has not paid their full price; because registration and the title deed are merely procedural measures for documentation, and the sale is completed by the contract, with the caveat that earnest money is not permissible except with the contract.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
18737
Added here
. This is when the answer was added to El Fatwa, not the fatwa's date.
Text
Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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Read the full answer on Ftawy