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The question

Is it permissible for the financier of a commercial project, through an Islamic Tawarruq financing, to request a percentage of profit from his partner in exchange for the financed amount, knowing that the bank will deduct the amount monthly from the financier's salary?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20262 min readAlso available in العربية
The answer

We have previously explained the prohibition of organized Tawarruq (monetization) practiced by some banks and companies, as it is a stratagem for usury. However, if a trusted board issues a permitting dealing with a bank in the Tawarruq it conducts, there is no harm in following them. The layman's (school of thought) is the madhhab of the one who gives him the fatwa, and if he acts upon the fatwa, there is no sin upon him.

As for the question, if the financing is for the company and you are its agent, then the money belongs to the company and the debt is upon it. The installment is then deposited into your account from the company's funds, or you lend to the company and the installment is deducted from your salary, after which you reclaim what you paid. The merchandise at that time belongs to the company, and you are not allowed to earn a profit exceeding what was agreed upon.

If you take the financing for yourself, you can purchase merchandise and sell it to the shop on a Murabaha basis according to the Murabaha to the Purchaser formula, while observing two matters: 1. The profit must be the customary profit to avoid guaranteeing a specific profit for one of the partners. The profit must be a common share, not a specified amount. 2. Your partner must conclude the contract for purchasing the merchandise on behalf of the company, and you should not act as both parties to the contract, seller and buyer. Rather, there should be an offer and acceptance between you, in your capacity as owner, and your partner, in his capacity as agent for the company, to determine the moment of guarantee transfer. You can also increase your capital in the company by dissolving the first partnership and notionally liquidating the company's assets (evaluating the assets at their monetary value), then injecting the funds you obtained from the financing into the company, and starting a new partnership with new profit percentages that take into account the increase in your capital.

Summarized from the full answer at Ftawy · imported

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Where this answer came from
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Ftawy
Original fatwa ID
135562
Imported
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Source text, unreviewed
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