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The question

What is the ruling on purchasing a house through real estate financing from a bank that finances 75% of the unit's value with a tripartite contract, with a prohibition on selling the unit until the installments are paid off and the apartment is authorized to the bank, with an interest rate of 7% on the total financing amount?

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

The common real estate financing, where the bank pays money to the seller on behalf of the buyer and then recovers the money with an increase, is an usurious loan forbidden by consensus (ijma'), because it is usury (riba). There are two permissible forms of real estate financing: The first is Murabaha sale, in which the bank buys the property for itself and then sells it to the interested buyer in installments, with conditions including the absence of a late payment penalty in the contract, direct transfer of ownership, and that the buyer does not pay any amount during the promise stage. The second form is Mutanaqisah (diminishing partnership), in which the bank enters as a partner with the interested buyer, and then the bank sells its share in installments to the client, with conditions similar to Murabaha sale, and the bank must not commit to selling its share at the same purchase price.

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Ftawy
Original fatwa ID
16563
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