Is it permissible to sell a subscription booklet or a share in a housing association before or after allocation, knowing that the apartment's name will remain in the seller's name after its completion?
Scholars have differed on the permissibility of selling rights, but what is given as a fatwa by us is its permissibility. However, if there is a condition from the association that necessitates the impermissibility of transferring the allocation, then this condition must be adhered to, based on the Prophet's (peace be upon him) saying: "Muslims are bound by their conditions." If the apartment remains in the seller's name after the transfer, then if the reason for this is the association's prohibition, it must be adhered to. Otherwise, the apartment should be in the name of its owner to safeguard rights. It is not permissible to sell the apartment before receiving it, because that is selling what one does not own, which is forbidden.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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