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Fatawaa


Subject : Sale Transaction isn`t Permissible Until Commodity is Possessed and Guaranteed by Seller

Fatwa Number : 600

Date : 11-04-2010

Classified : Forbidden Sales & Transactions

Fatwa Type : Search Fatawaa


Question :

In Murabaha transaction, is it permissible to deliver the commodity-car-directly to the customer without handing it to the bank first?



The Answer :

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

It isn`t permissible for a cooperative to sell a commodity that it doesn`t possess and hasn`t received since Hakim Ibn Hizam narrated: Hakim asked (the Prophet): Messenger of Allah, a man comes to me and wants me to sell him something which is not in my possession. Should I buy it for him from the market? He replied: Do not sell what you do not possess." {Related by Abu Dawoud}. It was also narrated on the authority of Ibn Omar (May Allah be pleased with them) that Hakim ibn Hizam sold food before possessing it, so Omar said to him: "Do not sell food until you take possession of it."

Resolution No.(108)(26/4/1427AH, corresponding to 24/5/2006) of the Jordanian Iftaa` Council states: "It isn`t permissible to sell a commodity to a customer directlyrbefore it is possessed and guaranteed by the seller first." And Allah the Almighty knows best.

 




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