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[A Loan in the Form of a Sale]

Mufti:
Alsayyed Muhammad b. Abdallah Awad Al-Muayyady
تاريخ النشر:
Fatwa number: 20476
Number of views: 1
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[A Loan in the Form of a Sale]
Fatwa number: 20476
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Question

Question: Two men agree that one of them will pay a specified sum of money to the other, and the latter will import from abroad a specified consignment of goods, of which the payer will receive, say, one half. The payer then stipulates upon the importer that, upon the goods’ arrival, he (the payer) will sell his entire share of what was imported to the importer at a profit of ten percent, for example. Is this permissible?

Answer

Answer (and Allah grants success): Entering into this “sale” is not permissible; in reality it is not a sale at all, nor is it muḍārabah (silent partnership). It is a loan with a specified, guaranteed profit.
Source: Min Thimār al-ʿIlm wa al-Ḥikmah vol.2

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