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Is it permissible to take a murabaha loan with shares, guaranteed by salary, from a bank, given two conditions: that all the borrower's accounts with the bank are considered a single account, allowing the bank to merge and liquidate them to fulfill its right, and that the borrower has the right to terminate the contract within ten days, provided they pay all damages and compensations specified by the bank in case of termination?

1 min readAlso available in العربية

The ruling on the transaction can be summarized in five points:

First: Murabahah is a sale that requires the bank to own the shares before selling them to the customer; otherwise, it is considered a usurious loan, which is prohibited.

Second: It is a condition that the shares must be permissible (pure) from companies with halal activities that do not engage in usury. It is not permissible to trade shares of prohibited or mixed companies.

Third: It is a condition that the contract must be free of any penalty clause for late payment, as this is a usurious and prohibited condition.

Fourth: There is no harm in making deposits and savings collateral, provided they are in an investment account and not a current account, so as not to fall under the prohibition of "a loan and a sale are not permissible together." The bank must also be Islamic.

Fifth: If the condition relates to backing out of a promise to purchase, it is not permissible. If it relates to annulling the contract after its conclusion, it is preferable for the bank to only take what corresponds to the actual damage. Selling the earnest money is permissible if the waiting period is limited to a specific time.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

Read the full answer on Ftawy