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The question

What is the Shar'i ruling on the sale process mentioned in the steps above, and what is the ruling on each party (the broker, the buyer, the seller, the bank), and what is the ruling on the fee received by the broker, and what is the Shar'i method for conducting this process if it is impermissible?

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

The aforementioned type of brokerage—which has been named real estate brokerage—is permissible. It falls under the category of ju'alah (a promised reward for a specific task). The majority of jurists stipulate that the broker's fee must be known. However, the Hanbalis permit the brokerage fee to be a percentage of the profit.

If the fee is a percentage of the property's value, it does not fall under the category of unknown fees, because the property's value is known to everyone, thus making the percentage known. If the fee is a percentage of the property's price, which is unknown at the time of the contract, the Hanbali school permits this, and there is no objection to adopting their view here.

There is nothing in the mentioned steps that violates Islamic law, as long as the financing comes from Islamic banks that adhere to Islamic regulations.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

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Ftawy
Original fatwa ID
80087
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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