Is the process of purchasing real estate through Murabaha from participatory banks permissible in Sharia, given conditions such as the earnest money deposit (hamish al-jiddiyah), the unilateral promise to purchase, and the obligation of Takaful insurance? And what are the impermissible conditions in these transactions?
Murabaha selling to a party who orders an asset is permissible if the bank takes possession of the real estate and seizes it before selling it, and the contract is free from late payment penalties or conditioning ownership on repayment. As for the earnest money (hamish al-jiddiyah), the preponderant opinion is that it is impermissible to take it at the promise stage. The preponderant opinion for us is that it is impermissible to make the promise binding on one party or on both parties. Regarding obligating the client to insure the property, there is no harm if the client accepts the condition and the insurance is cooperative; however, commercial insurance is not permissible.
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