Is it permissible to buy gold crafts for a value higher than the debt owed by the seller, by paying the difference in cash, as a method of debt repayment?
It is permissible to agree to repay a debt with another currency, or with gold or silver at the price of the day of repayment, provided that the transaction is completed in the session before parting, as evidenced by the of Ibn Umar, may Allah be pleased with him. It is also permissible for the creditor to buy gold in excess of the debt from the debtor, thereby exchanging the currency owed by the debtor for the present gold and receiving the price of the excess gold. The combination of these two contracts in one transaction is permissible if the compensation is single or multiple, and also if the combination is unconditional. However, if the debtor stipulates the exchange and sale, the more correct view is that it is permissible because it does not lead to a Shariah-prohibited outcome.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 15861
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy