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Selling Cars In Installments With The Condition Of Being A Lien Holder

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Rufai Oladimeji
, Nigeria.
Question

I work in car business in USA, my question is
that is it halal to sell cars with financing(with
no interest) and butting a condition(to be a
lein holer ) in case of buyers defaulat to
make the payments in time, or he stop
making his payments I will reposess the car.
2- is it halal to buy repossed cars by banks
who sells cars on financing (of cours with
repa) and in case of customer default the
bank will reposess the cars (with no court
order,because the bank is a lein holder). If
you please answer me becsue i tried many
times but no answer.

Fatwa:
All perfect praise be to Allah, The Lord of the
Worlds. I testify that there is none worthy of
worship except Allah, and that Muhammad
is His slave and Messenger.

It is permissible for the sale contract to
state that the buyer mortgages his goods
with the seller until the seller gets the entire
price of the goods provided the ownership of
the goods are transferred to the buyer as
soon as the sale contract is conducted.
The Islamic Fiqh Committee resolution reads:

"The seller has no right to preserve the
ownership of the sold goods after the sale,
however, it is permissible for the seller to
condition on the buyer to mortgage the sold
goods with him [the seller] in order to secure
his right in getting the delayed instalments. "

In case the buyer does not pay the entire
price, the seller may take the matter to the
Muslim ruler so that the latter will oblige the
buyer to pay the price, and if he does not do
so, the mortgage is sold in order to pay the
(whole) price or what remains of it. If the
buyer had given permission for the seller to
sell the mortgage if he is unable to pay, then
he may sell it without the permission of the
Muslim ruler.

Therefore, you should know that your right
is to get the price of the goods from the
value of the mortgage if it is sold; as regards
the mortgage itself, it is the property of the
buyer as per the terms of the correct sale
contract. Therefore, it is not correct or
acceptable to take back the purchased car if
the buyer did not pay the instalments, but
you have the right to demand him to pay the
instalments or to give you permission to sell
the car so that you get your right from its
price and then give the rest to the owner.

However, if he does not give you permission,
then you may take the matter to the court.
As regards the issue of buying mortgaged
cars from the banks, then if the banks have
the right to sell them, then this is
permissible even if they were financed
principally with Riba (interest and/or usury),
as they have the right to sell them in order
to get the capital money of the loan only,
but not sell them in order to get the
interests; because the interests are not
owned by the banks. Allah Says (what
means): {…but if you repent, you shall have
your capital sums. Deal not unjustly (by
asking more than your capital sums), and
you shall not be dealt with unjustly (by
receiving less than your capital sums). }
[Quran 2:279]

Hence, if the banks sell the car just in order
to get thier capital money, then it is
permissible for you to buy it, but if they sell
it with a price higher than its capital money,
then it appears that it is not permissible for
you to buy it from the banks as they sold it
without right.

Allah Knows best.

www.islamweb.net/en/article/152244/selling-cars-in-installments-with-the-condition-of-being-a-lien-holder

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