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The question

Does the conditioning of the purchase contract's suspension, from the first owner, on the customer's completion of the deal and the direct transfer of legal ownership to the customer, constitute a circumvention of Sharia in a Murabaha transaction, despite the company's fulfillment of other conditions?

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

If the company owns the commodity and it comes into its possession and guarantee before selling it to the امر بالشراء (requester to purchase), then there is no harm in that.

The company stipulating a two-week right of return for itself does not affect the validity of the transaction, and its sale of the commodity waives its option.

It is stated in Al-Mughni: "If one of the two parties to the sale disposes of the sold item during the option period in a disposition that transfers ownership of the sold item, such as selling it, gifting it... and the like, his disposition is invalid... unless the option belongs solely to the buyer, in which case his disposition is valid, and his option is nullified; because no one else has a right in it, and the existence of the option does not prevent him from disposing of it; like a defective item."

And in Al-Insaf: "If the option belongs solely to him (i.e., the buyer), then the correct opinion in the is the validity of his disposition."

As for the occurrence of the two contracts at the same time (the contract with the first seller and the contract with the requester to purchase), clarification is needed to ascertain the reality of what is being done and how the transaction is conducted.

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
165124
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