Is it permissible to engage in a Murabaha transaction with Bairabi, knowing that the bank requires the client to sign a "promise to purchase" and pay a penalty in case of non-compliance, and issues a check to the showroom, and gives the client a contract termination letter to register the commodity directly in his name, or it may be written in the bank's name? And is the late payment penalty that goes to charitable works permissible? And how does the bank take possession of the commodity when it may be written directly in the client's name?
For the permissibility of a Murabaha transaction, it is a condition that the bank must own the commodity and it must be under the bank's guarantee before it is sold. Additionally, imposing a late payment penalty is not allowed, as it constitutes the forbidden usury of the pre-Islamic era (Jahiliyyah). Therefore, it is not permissible to enter into a transaction if the bank stipulates such a penalty. However, there is no objection to the bank taking a margin as a guarantee of seriousness in purchase. The bank is permitted to take from this margin an amount equivalent to the cost of acquiring the commodity and its procedures if the client defaults, and the remainder should be returned to the client. It is not permissible to enter into a transaction that includes a forbidden usurious condition.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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