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The question

What is the ruling on a contract for selling a house from an Islamic bank in America with the following conditions: 1. The bank buys the house, then sells it to the buyer for a profit. 2. The value of the monthly installments is fixed, and in case of delayed payment, $50 is paid as administrative fees, not as compensation. 3. In case of inability to pay the installments, the bank gives the buyer one year to sell the house and pay off the remaining amount to the bank. If it is sold for less than the debt, they waive the difference. 4. The bank stipulates a down payment of 5% or 10%. Is this condition permissible? And must the contract be signed before the amount is handed over? And does their knowledge that the amount will be handed over before the contract invalidate its legitimacy? 5. The bank has the right to sell the contract to a third party (which may be an interest-based bank) with the condition of respecting the original contract terms? And can conditions be stipulated to them to avoid usury if these conditions are not Islamically valid?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

It is not permissible to enter into a contract that includes a late payment penalty on installments, because the condition of a late payment penalty on a loan is considered usury (riba), which is forbidden, whether stipulated in advance or not.

Summarized from the full answer at Ftawy · imported

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
132488
Imported
Translation status
Source text, unreviewed
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