Is the banking "Musharakah" contract, with its conditions and articles (Articles 5, 6, 7, and 8) as issued by the bank, Islamically permissible?
The materials of "Bank Al-Maghrib" (the Central Bank of Morocco) were issued based on the rules of the "Accounting and Auditing Organization for Islamic Financial Institutions" (AAOIFI). The "International Islamic Fiqh Academy" has approved the permissibility of "Diminishing Musharakah" with specific Shariah controls, which are: It must be a partnership between two parties in an income-generating project, where one party gradually purchases the share of the other. There must be a binding promise to purchase from one party, and it is permissible to lease the partner's share. The transaction is lawful if it adheres to the general rules of partnerships and includes controls such as: not stipulating the purchase of the share at its value when the partnership is established, not requiring one party to bear expenses alone, determining profits as common percentages and not as a lump sum, separating contracts and obligations, and prohibiting a clause that grants the right to reclaim financing.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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