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The question

Is it permissible to obtain a loan secured by one's home, known as a "Home Equity Loan" or "Cash Out Loan," from an American bank that has a department for Islamic transactions, whereby 80% of the house's area is sold to the bank and then repurchased from them at an increase, for the purpose of providing liquidity to buy another house? And is this contract considered Murabaha, and do its Islamic conditions apply to it?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

This transaction, which involves selling an item for an immediate price and then buying it back from the same person for a higher, deferred price, is the reverse of the 'inah transaction. It is similar to it in prohibition, according to the preponderant opinion, as it is a circumvention of riba (usury). This loan is not permissible. This usurious contract cannot be considered a legitimate murabaha (cost-plus sale), because in its essence, it is a circumvention to lend with riba, and what matters is the reality of the transactions, not merely their names.

Summarized from the full answer at Ftawy · imported

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
103818
Imported
Translation status
Source text, unreviewed
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