All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon Prophet Mohammad and upon all his family and companions.
The agreement between a customer and a seller to increase the price of a product to a financier so that the customer can receive the increased amount in cash from the seller is considered a form of Riba (usury). This is because the cash amount that the customer will receive will be repaid along with profits, and markup on cash is usury. The Prophet Muhammad (PBUH) said: "Do not commit what the Jews committed, making lawful what Allah has forbidden through petty tricks" [Ibn Battal, Al-Ibtal]. Ibn Kathir said: "Its chain of transmission is sound." [Tafsir Ibn Kathir, Vol. 1/P. 293]."
However, if the customer and seller agree on some additions to the item being sold, and the seller adds them before selling to the bank and increases the price accordingly, this is permissible in Islamic law. However, transfer fees are not part of the sale price but are separate from the sale. Therefore, it is not permissible to stipulate an increase in the price to pay for the transfer fees. This is similar to stipulating that the bank provide cash to the seller to pay those fees, and this is a form of circumventing Riba.
In conclusion, it is impermissible to stipulate an increase in the selling price in a Murabaha contract to enable the seller to pay transfer fees. However, it is permissible for the customer to agree with the seller to add certain additions to the item being sold and increasing the selling price, provided that these additions are made by the seller before signing the sale contract with the bank. And Allah The Almighty Knows Best.
