What is the ruling on purchasing an uncustomed car with a murabaha from a bank that buys it customed from the first seller, then the first seller undertakes the completion of the customs process after selling it to the bank and selling it to the one who ordered the purchase?

Murabaha sale, which is selling a commodity at its purchase price with an added profit, faces two issues when selling a car that has not cleared customs: 1. The unknown amount of customs duties, which leads to inaccuracy in the stated price and injustice in the profit. 2. The bank selling the car before taking possession of it, contenting itself with receiving shipping documents. The original principle is that it is not permissible for the bank to sell the car before truly possessing it by transporting and delivering it to the bank.

Some contemporary scholars have opined that receiving shipping documents constitutes constructive possession of the commodity. This detailed view depends on the delivery terms: If the sale stipulates delivery at the port of arrival, the commodity remains under the seller's guarantee until it reaches the buyer. However, if the sale stipulates delivery at the port of export, the buyer takes possession of the goods there, and they are under their guarantee.

Despite this, the transaction is not free from gharar (excessive uncertainty), and to avoid it, the customer should not purchase the commodity until the bank has taken actual possession of it, meaning it has arrived at the bank itself, and not merely through shipping documents. Furthermore, the bank authorizing the seller to receive and ship, and then authorizing the customer to receive, makes the contract closer to being a fictitious transaction.

The preponderant opinion is that the bank is not permitted to sell the car until it has taken actual possession of it through transport and delivery to the bank itself, and not merely through shipping documents, based on the Prophet's (peace be upon him) saying: "If you buy a commodity, do not sell it until you take possession of it."