Is it permissible, from a Sharia perspective, to deal with Islamic financing companies that do not share in profit or loss upon the termination of a contract before the full price has been paid?
The transaction mentioned is diminishing Musharakah. For its permissibility, the Islamic Banking Conference in Dubai stipulated three conditions: 1. It should not merely be a financing operation with a loan, but rather the creation of a genuine intention for partnership, sharing of profit, and bearing of loss. 2. The bank must fully own its share and have its complete right to manage and dispose of it, and monitor the partner's performance. 3. The contract must not include a condition for the partner to return the bank's full share of the capital and its profits, as this involves a resemblance to usury (riba).
Therefore, if the company stipulates that the client must return its capital or the remainder thereof, regardless of the share's value, it is not permissible because it constitutes a usurious loan. However, if this is not a condition, and the company is content with its share at the price it purchased it for (Bay' al-Tawliyah), there is no harm in it if there is mutual consent. Nevertheless, it is not permissible to stipulate this in the partnership contract, as its value may change. There must be a genuine intention for participation and for all parties to bear the loss; otherwise, it would be a usurious loan.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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