Back to search
The question

Is it permissible for me to buy an apartment from a company that requires a reservation down payment to be deposited in the Islamic Transactions Branch of a usurious bank, and the return on this amount is used to purchase the land and cover the remaining costs, knowing that the amount will remain in the bank for a period during which it may accrue a return?

Share this answer

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

Purchasing an apartment in the manner described is an Istisna' (manufacturing) contract, which requires for its validity a precise description of the property to prevent ambiguity (Jahalah), such as specifying its type, size, location, and characteristics. Since the land upon which the apartment will be built is unknown or undefined at the time of the contract, this ambiguity invalidates the Istisna' contract. As for depositing the first installment in the bank, there is no objection to that if the bank is Islamic or its branch adheres to compliance.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
92596
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.
Read the full ruling
Read the full answer on Ftawy