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The question

What is the ruling on purchasing land in installments from an Islamic bank that buys it and then sells it to me, given that the landowner requests a down payment without a sale contract, provided that the down payment comes from the brokerage fee upon the bank's approval?

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Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

Among the -compliant controls for Murabaha is that there should be no prior contractual relationship between the client ordering the purchase and the original seller of the commodity. Any prior contractual relationship between them must be genuinely and not superficially cancelled. Therefore, it is not permissible to transfer a contract concluded between the client and the supplier to the institution (bank). The absence of a contractual relationship between them is a condition for the validity of the institution's execution of the Murabaha operation for the ordering party, so that the transaction does not devolve into a mere usurious loan.

It is not permissible to finance a specific commodity via Murabaha for a client who has paid a deposit to its owner. Instead, the contract between them must be cancelled and documented, and then the financing operation can proceed. Furthermore, it is not permissible for the bank to enter into a Murabaha operation if it becomes apparent that there is collusion between the promising buyer and the seller.

Accordingly, the client is not allowed to agree with the seller of the land, which is the subject of Murabaha, to give him a deposit or a commission. His role should be limited to selecting the land he wants the bank to purchase.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
151155
Added here
. This is when the answer was added to El Fatwa, not the fatwa's date.
Text
Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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