Is it riba?

Is buying an off-plan or build-to-order home halal?

A home that does not exist yet can still be sold, as long as it is described clearly and the price is fixed. Hanafi scholars recognised this made-to-order contract, istisna’, from long practice, and it is the basis of halal construction finance. What is not allowed is borrowing cash at interest to pay the builder.

The guidance

I’m buying a home that isn’t built yet. How is it arranged?

Check your own case in the interactive guidance

People also ask

Can I pay the builder in stages as the work progresses?

Yes. In istisna’ the price is fixed at the start and may be paid in stages or at handover. Plans, size, finish and the handover date must be written down.

Can the builder be fined for late delivery?

Yes. A penalty on the builder for late delivery is allowed by the OIC Fiqh Academy and AAOIFI. A penalty on you for paying late is not: that would be riba.

Is bank construction finance halal?

It is when the bank orders the home from the builder and sells it to you under a separate contract at a fixed price, carrying the risk if the builder fails. It is not when the bank simply lends you cash at interest.

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The four schools on riba

This guidance follows the Hanafi school as applied today by Mufti Taqi Usmani and the AAOIFI standards. Notes mark where the Maliki, Shafi’i or Hanbali schools differ. The four schools on riba →