What is the ruling of Islamic law concerning real estate financing transactions in which the client pays a percentage of the property's price, and the bank finances the remainder with installments that exceed the original value, along with mortgaging the property to the bank until the installments are paid, and insuring the client's life to pay the remaining installments in case of death? And what are the cases of necessity that permit this transaction if it is not permissible according to Islamic law?
The first, second, and third points are permissible. If the contracted apartments are owned by the bank, there is no objection to the seller requesting a portion of the price in cash and increasing it if some of it is deferred. However, it is not permissible to increase the fixed price. The buyer has the right to register the property in their name, and the seller can request a mortgage from the buyer; there is no objection to the property itself serving as the collateral.
There is no objection to giving the client the freedom to rent or sell the property because it is their ownership. However, selling it invalidates its status as collateral unless it is stipulated to the buyer that the property is mortgaged and the buyer agrees to that condition.
All of this is on the assumption that the apartments are owned by the bank. However, if they were not owned by the bank at the time of the contract and the bank purchased them after contracting with the client, then the contract is invalid, based on the Prophet Muhammad’s (peace be upon him) saying: "Do not sell what you do not possess." It is an even greater sin if the property never came into the bank's possession and was merely a loan from the bank to the client, with the transaction taking place directly between the client and the property owner.
As for stipulating life insurance, it is not permissible. The limit of necessity that permits forbidden things has been clarified previously.
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