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?
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
Read the full answer on Ftawyhttps://ftawy.com/en/questions/17366
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 17366
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy