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The question

What is the ruling on taking 6,0 dinars in exchange for 150 dinars that were paid to acquire an apartment in 1996, given that the company did not fulfill its promise, and is this additional amount considered a lawful profit?

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

The amount paid (150 dinars) has possibilities:

1. If it is a down payment for purchasing the apartment:

If the apartment was ready at the time of the contract: The apartment belongs to the buyer after the contract, and he must pay the remaining agreed-upon price. He has the right to sell the apartment to the company for whatever price he wishes and take the difference determined by the court.

If the apartment was not ready (istisna' contract - manufacturing/construction contract):

The view of the majority of scholars: It is stipulated that the full price must be handed over at the contracting session; otherwise, the contract is void, the apartment belongs to the company, and the amount paid is the property of the buyer, and it is not permissible to take an increase on it due to procrastination.

The view of the Hanafis: It is not stipulated that the full price be handed over at the contracting session, and the contract is valid, and it takes the same rulings as selling a ready apartment.

2. If the company is acting as your agent in purchasing or manufacturing (istisna'): It is not permissible to take an increase over the original amount due to procrastination.

3. If the amount was given to the company without a prior contract: The amount is a debt, and it is not permissible to take an increase on it due to procrastination.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
67717
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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