What is the ruling on purchasing a home through a bank, knowing that the process involves a contract between the owner and the buyer via the bank, and the bank pays the owner a fixed loan amount (60,0 Libyan dinars), and the home is mortgaged to the bank, then the buyer repays the bank installments that exceed the original amount by approximately 3,0 Libyan dinars?
If the bank's role in the contract is to pay the seller on behalf of the buyer and then recover the amount with an increase, then this is explicit usurious loan that must be abandoned, due to the Almighty's saying: "O you who have believed, fear Allah and give up what remains [due to you] of usury, if you should be believers. And if you do not, then be informed of a war [against you] from Allah and His Messenger. But if you repent, you may have your principal – [thus] you do no wrong, nor are you wronged." And the Messenger of Allah, peace and blessings be upon him, cursed the one who consumes usury, the one who feeds it, its scribe, and its two witnesses. However, if the bank buys the dwelling and sells it in installments for more than it purchased it for, then that is permissible with -compliant controls.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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