What is the ruling on demanding half the amount of government land support upon completion of the partnership contract, and is this considered a breach of the initial agreement?
The reality of the transaction is the sale of half of the state-subsidized land to another person to become a partner in it. This is permissible under two conditions:
1. Knowledge of the price: The price must be known, otherwise jurists differ on the validity of the sale. 2. State permission: The state must not stipulate that the land cannot be sold until the installments are paid, otherwise the sale would be forbidden.
If it is customary that the price of subsidized land is much higher than the agreed-upon price, then there has been an excessive deception (ghabn fahish). The option (khiyar) here is a matter of dispute among jurists:
The majority: Restrict the option of deception (khiyar al-ghabn) to cases of misrepresentation (taghrir), where the deceived party (maghbūn) does not have the right to annul the sale unless there is misrepresentation. Some Malikis: Affirm the option of deception if the deception exceeds one-third [of the price] and the buyer was unaware of the price. The preferred view in fatwa: If the deception is excessive according to the custom of merchants, and because the buyer was unaware of the market value, he has the option to either uphold the sale or annul it.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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