What is the ruling on buying an apartment in installments directly from the company that owns the property, without an intermediary, knowing that the property is under construction and the delivery date is in two or three years?
It is permissible to purchase a house or apartment before its construction if it is described in a way that removes any ambiguity, whether the price is paid in full or in installments. This falls under the contract of istisna' (manufacturing/commissioning). The resolution of the Islamic Fiqh Academy has stipulated the permissibility of acquiring housing through an istisna' contract, provided that the dwelling is precisely described to avoid disputes, and that the deferment or installment payment of the price is permissible. The Academy also mentioned the conditions for an istisna' contract, which are: specifying the type, kind, quantity, and required characteristics of the manufactured item, determining the deadline, allowing for the deferment of the entire price or its payment in installments, and permitting the inclusion of a penalty clause in the contract except in cases of force majeure.
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