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Fatwa CenterSelling to the purchase-ordering party with the aim of possession or Tawarruq
Question
I want to buy a car through an Islamic bank, but I heard about the difference in opinions among the scholars in this respect. Some consider it prohibited, others consider it lawful, and so on.
When I was visiting the Holy Mosque in Makkah, a Shaykh was giving a lecture and he said that this transaction is unanimously considered impermissible by Shaykhs there. Such a difference in opinion left people in confusion.
My question is: Is it permissible to buy a car in this way in order to sell it later with the aim of buying a house in my country because I do not own the price of the house? Also, is it permissible to buy a car in this way for using purposes? May Allaah Reward you.
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.
Your question involves two different forms:
First: selling to the purchase-ordering party with the aim of possession,
Second: selling to the purchase-ordering party with the aim of Tawarruq.
The first form is permissible according to the sound opinion, since the bank owns the goods first and then sells them to the purchase-ordering party. Shaykh ‘Abdul-‘Azeez ibn Baaz 
as well as The Saudi Permanent Committee for Islamic Research and Fataawa considered this form as permissible in many Fatwas with two conditions: possessing the sold goods by the buyer and transferring it if it is transferrable.
The second form is the famous issue of Tawarruq and there are two opinions regarding it. The preponderant opinion, however, is that it is permissible as there is no Sharee‘ah text that prevents such a transaction. It is also invalid to compare it to the ‘Eenah sale since the two deals of buying and selling are separated. That is why it is permissible.
In Ar-Rawdh Al-Murbi’: “There is no harm in buying some goods at a price higher than their price out of need for cash and then selling it to obtain cash (it is called At-Tawarruq). The author of Al-Insaaf said that this is the opinion adopted by the (Hanbali) scholars.”
Allaah Knows best.
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