Is it permissible, from a Sharia perspective, to lease with a promise of ownership if both parties agree that the lessee bears the insurance costs, given that a previous fatwa prohibited this contract due to its injustice to the lessee?
The Shariah parameters for a lease-to-own contract are: the presence of two separate contracts (leasing then selling), that the lease be actual and not a cover for a sale, that the leased asset's warranty is the responsibility of the owner, not the lessee, and that the lessor bears the Islamic cooperative insurance. The rulings of leasing apply throughout the lease period, then the rulings of sale apply upon ownership. Non-operational maintenance expenses are the responsibility of the lessor. Therefore, it is not permissible to stip stipulate that the lessee guarantee the leased asset.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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