Is the Murabaha transaction conducted by Islamic banks in Tunisia considered legitimate, given that the purchase and sale contracts are concluded simultaneously, and the ownership of the commodity (especially movables) transfers without it being moved from its location?
The Islamic Fiqh Academy issued a resolution permitting Murabaha for the one who commands the purchase if it is applied to a commodity after it has entered into the ownership of the one commanded and after lawful possession has occurred, provided that the one commanded bears responsibility for damage before delivery and the consequences of returning the item due to a hidden defect. Possession is determined by custom, so vacating the premises and transferring ownership are considered possession. If possession is achieved in this manner in the aforementioned transaction, then engaging in it is permissible; otherwise, it must be avoided.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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