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The question

Is it permissible for Islamic financial institutions in Britain to sell their share to the client based on the original price, not the market price, in a diminishing Musharakah system, and is it permissible for the client to bear the full cost of maintenance and insurance if they agree to that?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The diminishing partnership is an agreement between two parties to establish a joint ownership company in a project or property, which concludes with the gradual transfer of one partner's share to the other. Three separate contracts must be concluded: the purchase of the property in joint ownership by the institution and the client, the leasing of the property to the client or another party, and the gradual purchase of the institution's share by the client. It is not permissible to undertake to purchase the shares at their initial value to guarantee the capital; rather, the sale must be at market value or an agreed-upon value. It is not permissible to burden the client with maintenance and insurance expenses, as this contradicts the principle of participation in profit and loss. The aforementioned contract is impermissible due to its violation of conditions, as it contains two prohibitions: undertaking to purchase the institution's share at its nominal value, and placing maintenance and insurance responsibilities on the client.

Summarized from the full answer at Ftawy · imported

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
17366
Imported
Translation status
Source text, unreviewed
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