Is the Murabaha contract mentioned herein Islamically sound, or does it fall under usurious transactions?
For Murabaha to the one who promises to buy to be permissible, the bank must genuinely own and possess the commodity before selling it to the association. This means the bank bears responsibility for its destruction and defects before the second delivery. Both the bank and the association must also have the option to withdraw from the contract before the second sale. The promise document may not contain a binding mutual promise. It is forbidden for the institution to sell the commodity before genuinely or constructively owning and possessing it. The institution must verify the actual or constructive possession of the commodity before selling it to the client, and it must bear the consequences of its destruction. The Murabaha contract cannot be considered automatically concluded merely upon ownership, and the client cannot be compelled to purchase by receiving the commodity and paying the price if they refuse to conclude the contract. If the bank merely issued a check in the company's name without owning and possessing the commodity, then this is usury (riba).
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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