What is the ruling on obtaining a subsidized apartment from the Ministry of Investment and contracting with an affiliated real estate finance company using the aforementioned payment system, and what is the ruling on late payment penalties, and is it permissible to sell the apartment before the specified period or before informing the Ministry?
It is permissible to deal with real estate finance companies whose transactions comply with the rules of Sharia and avoid usury. Buying an apartment in installments is permissible, whether the installment is fixed or increases annually, provided that the increase is part of the originally agreed-upon price.
However, an increase in the installment due to delay is forbidden usury (riba) that is impermissible to take or to be obliged to pay. The Islamic Fiqh Academy has unanimously ruled that this condition is void.
Regarding the condition of not selling the apartment without the company's permission, if it is mortgaged with them, scholars have differed on the validity of mortgaging the sold item for its price, and the preponderant opinion is its validity. They also differed on the ruling of selling a mortgaged item, and the correct view is that it is permissible with the permission of the mortgagee.
If the condition is merely to inform about the sale, not because the property is mortgaged, then the questioner must fulfill it. If he sells without informing, the sale is valid.
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