What is the ruling on an Algerian national company dealing with Bank Al Salam Algeria through a "Murabaha to the one who promises to purchase" contract to buy cars in installments, where the bank buys and owns the car before selling it to the client, and it remains in the manufacturer's parking lot under the bank's ownership until the contract is signed and the first installment is paid, knowing that the contract does not stipulate penalties for delay or life or risk insurance?

For the validity of a Murabaha sale to an ordering purchaser, two conditions are required:

First: The bank must genuinely own the commodity before selling it to the customer, as the Prophet (peace be upon him) forbade selling what one does not own.

Second: The bank must take possession of the commodity and move it from the place of its first seller before selling it to the customer, as the Prophet (peace be upon him) said: "If you buy a commodity, do not sell it until you take possession of it."

Possession of movable goods is achieved by moving them from their location, and this is the most preponderant opinion. The phrase "owned for the benefit of the person concerned" suggests that ownership was for the customer, which leads to usury if the bank stipulates an increase upon recovery. Therefore, the bank's purchase must be explicitly for itself.