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Is it Islamically permissible to trade lands designated for construction by the government at reduced prices and in installments, given the government's prohibition of such trade and its condition of ownership within three years, and is obedience to the ruler obligatory in this regard? And how can one participate in building on this land in the correct Islamic manner if the partner will pay the required amount in installments, and is it permissible to annul the contract with him if he fails to pay half of the agreed-upon amount?

1 min readAlso available in العربية

The question contained three points concerning the state's sale of land.

The general rule is that it is not permissible for the seller to stipulate that the land not be traded or that it be reclaimed if it is not developed. However, this is permissible if trading in it would cause harm to people, or if there is an overriding public interest. The ruler has the authority to restrict what is permissible for a recognized public interest.

As for partnership, if trading is not permissible, the matter is clear. Otherwise, there is no impediment to partnership, and the land should be valued on the day the partnership is established.

Regarding the annulment of the contract due to the partner's failure to fulfill their obligation, it is permissible to annul the contract if the price is not paid, provided this was stipulated.

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Source platform
Ftawy
Original fatwa ID
89075
Imported
Translation status
Source text, unreviewed
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