Darul Iftaa Mahmudiyyah

Can I sell a car purchased on Murabaha before paying the instalments?

· 6 Safar 1435 AH1 min readFatwa 27675English

Question

I want to buy a car using Murabaha from an Islamic bank. Bank will buy the car from my friend (original owner) and pay him the price. The car will be under my ownership and my instalments with bank will be for 2 years. Can I sell the car after few days (may be for more or less price) in open market to get cash (not to previous owner)?

My instalment with bank will continue as it is and i will keep on paying the instalments on time. Basically I want to have cash using real product in my ownership. Please advise if this is Halal considering that bank meets Murabaha as per Shariah.

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

In principle, once you purchased a car on credit, you are the owner of the car. You are at liberty to sell the car and continue the instalments with your creditor. However, the real issue is would the Bank permit to sell the car and is the car and or its logbook (legal documents) placed as a collateral for the credit instalments?

And Allah Ta’āla Knows Best

Arshad Ali

Student Darul Iftaa
Trinidad

Checked and Approved by,
Mufti Ebrahim Desai.

http://www.daruliftaa.net/

References (Arabic / Urdu sources)

بدائع الصنائع (5/ 180)

وَمِنْهَا الْقَبْضُ في بَيْعِ الْمُشْتَرِي الْمَنْقُولَ فَلَا يَصِحُّ بَيْعُهُ قبل الْقَبْضِ لِمَا رُوِيَ أَنَّ النبي عليه الصلاة ( ( ( وسلم ) ) ) والسلام نهى عن بَيْعِ ما لم يُقْبَضْ وَالنَّهْيُ يُوجِبُ فَسَادَ الْمَنْهِيِّ وَلِأَنَّهُ بَيْعٌ فيه غَرَرُ الِانْفِسَاخِ بِهَلَاكِ الْمَعْقُودِ عليه

Answered by
Arshad Ali
Checked & approved by
Mufti Ebrahim Desai
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Source: Darul Iftaa Mahmudiyyah — https://askimam.org/public/question_detail/27675
Fatawa SA: https://fatawa.co.za/fatwa/askimam-27675

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