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Buying and selling plot files

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: I want to ask if it is allowed to sell and purchase plot files? The housing society is still underdevelopment and possession of plots is not given to file holders.

(The file is a document issued by a housing scheme developer, against which one can claim a piece of land/plot once development is done, and possession started by the developer)

Bismillaah

A: If it is understood that the purchase and sale has not been done and the payment is just a promise then this type of a transaction is permissible. The sale will be concluded upon the completion of the building and the building will then be passed over to the owner.

And Allah Ta’ala (الله تعالى) knows best.

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.