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Buy and leaseback contracts

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: I want to ask about buy and leaseback in Islam. Is it allowed?

There is this company selling shops in a mall with this buy and leaseback contracts where we own the shop but rights of giving it on rent resides with company and we get a fixed rent of 0.7% with 10% raise per year.

Also the company guarantees 20% price appreciation per year if we sell the shop back to them. All these are written in a single contract. Isnt this just the same as keeping money in banks with a fixed profit?

Bismillaah

A: It is incorrect.

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.

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