He mends the school in installments after receiving the whole sum from the contractor
Fatwa no.
21006
All praise be to Allah Alone, and peace and blessings be upon the Last of the Prophets. To proceed:The Permanent Committee for Scholarly Research and Ifta' reviewed the question received by His Eminence the Grand Mufty from the owner of
King Su`ud
Civil Schools for boys in
Al-Zhahran
via the Da`wah and Guidance Center in
Al-Dammam,
which is referred to the Committee by the Secretariat General of the Council of Senior Scholars under number (3066) and dated 4/6/1420 A.H. The questioner asks:The schools were inaugurated eight years ago. Now, the secondary stage needs expansion, which will cost about one million Riyals. However, that sum is not available in cash. Those who will carry out the expansion, repairs and preparation are ready to do that on condition that the mentioned costs be paid in installments over five years. (Part No. 11; Page No. 136) However, the total that is going to be paid will be more than the mentioned sum.Is that permissible? Please advise and may Allah protect and preserve you.
After examining the issue in question, the Committee replied that if the case is as mentioned, then the contract in question, which states that you should pay the construction costs that are delayed for a specific term along with an excess over the costs that would be paid in cash, is permissible because nothing in Shari`ah (Islamic law) prevents it. Nonetheless, if those people were lending you the mentioned sum of money and taking it back with excess, then this would be impermissible because
it would be a loan that brought about benefit. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.