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Q&A: Withholding the Product (as Collateral) for its Price

Question by Izzideen Ibn Abd As-Salam: As-Salaam Alaikum Wa Rahmatulah Wa Barakatuhu Our honourable Sheikh, I pray that you receive my message and you are in the best of health. I pray that you will be patient to address my question which I will outline in this manner: A buyer goes to a seller to buy a house or a plot of land, the sale will be in payment of installments as they agreed upon. The buyer takes the house or the plot of land, but he does not possess the full ownership until the last payment of the installments. The buyer can do almost anything with what he bought except for selling it. For example, he can not sell the what he purchased only after paying the last installment of payment. The question posed now: “People approach members of the Hizb to ask them about this type of transaction because of the trust they have in them. However, the replies from the members differ, some say it is permitted and others say it is prohibited as follows: Those who say it is permitted:

Shaykh Abdul Azeez Al-Badry: Struggle of a Martyr

  Allah ( ‘azza wa jal ) says: “Among the believers are men true to what they promised Allah. Among them is he who has fulfilled his vow [to the death], and among them is he who awaits [his chance]. And they did not alter [the terms of their commitment] by any alteration”  [Ahzab: 23] Shaykh Abdul Azeez Al-Badry was a prominent man of knowledge, preacher and political activist in Iraq in the 1940s, 1950s and 1960s. Having been educated by some of the prominent scholars of Iraq, he was also one of the early and prominent members of Hizb ut-Tahrir in Iraq who struggled in the work for Allah’s deen and gave his life in its cause, murdered by a brutal regime and a martyr ( insha Allah ) for a great cause. Early Life, Education and Activism He was born in the city of Samarra in Iraq in 1929. He grew up in a scholarly environment and received his religious lessons from a range of esteemed scholars of Baghdad, such as Sheikh Amjad Al-Zahawy, Sheikh Muhammad Fu’ad Al-Alusy, Sheikh