Buying a building in excess of its original price

CategoriesTrade, Business & All Things Money [477]

We have a mosque for our community on monthly rent basis. We live in a pure christian society and neighbourhood .We are looking for halal way of financing if there is any? Secondly is it allowed in Islam to get a lease to own option? For example the mosque origanlly cost 180000 USD , He will sell us with profit 200000 USD – in ten years of time In which we pay the owner in  monthly or quaterly installments. But as we make payments we own the share in mosque. So if in five years the community pay 100000 it will have 50% ownership of the mosque.Is this way permissible according to shariah?

In the name of Allah, the most Beneficent, the most Merciful.

Answer

The majority of the scholars including Imam Abu Hanifah (RA), Imam Shafi (RA), Imam Malik and Imam Ahmad Bin Hanbal (RA) have ruled it valid to sell an object after having just brought it immediately with an increased price.  These sales are valid as long as the contract is independently specified and contains no ignorance.   (Nailul Awtar p.152 v.5)

Ibn Qudamah (RA) has said that sale with an increased price is not forbidden and it is not reprehensible.  (Al Mughni p.176 v.4)

There is a difference between increased sale price and interest.

Interest is an increase in the same genus of what one of the two parties to the contract pays in return for deferment.  However, in a sale with deferred price, or a price paid in instalment, the object of sale is a commodity the value of which is for example £1,000.00 currently and £1,100.00 in a few months time.  This is not interest but is ease in sales since the buyer receives the merchandise and not the money.  Thus what the buyer pays is not of the same genus as what he receives.   (Financial Transactions in Islamic Jurisprudence p.120 v.1)

Therefore, with regards to your question it will be permissible to buy the property in question.

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham.

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