What is the ruling on a Murabaha contract in which the ownership of the commodity is not transferred to the buyer until the full price has been paid, and it stipulates comprehensive insurance, with a clause allowing the seller to repossess the car upon default, and a clause imposing additional fees for late payment? Is comprehensive insurance provided by a cooperative company Islamically permissible? What should I do if the contract or the insurance is invalid?
The clauses of the contract, which contain details, stipulate that all installments become due upon default in paying one or more installments, which is permissible unless the debtor is in straitened circumstances. It is permissible for the seller not to transfer the car's ownership to the buyer until the full price is received, but it is not permissible to stipulate that ownership does not truly transfer. It is permissible to stipipulate pledging the sold item for its price and restricting the buyer from disposing of it through sale or similar actions. Similarly, it is permissible for the seller to sell the car and recover their right from its price in case of non-payment. As for imposing fees for late payment and allocating them to charitable organizations, the prevalent fatwa with us is that it is impermissible, though some scholars have deemed it permissible. Stipulating insurance is permissible if it is cooperative insurance.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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