Is it permissible to purchase an apartment using the described installment system, given the presence of a penalty clause stating the confiscation of one-third of the amount paid in the event of default on installment payments?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
Purchasing an apartment in installments is originally permissible. The penalty clause stipulating that the remaining installments become due upon the buyer's default in payment is also permissible. However, a penalty clause that involves confiscating one-third of the paid installments along with rescinding the sale and repossessing the apartment is forbidden. It is not permissible to enter into a contract that includes this forbidden condition.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/181641
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 181641
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy