Question
What is the ruling on lease ending with ownership in Islamic institutions?
Answer
I say, and with God's success: This term is known in legal institutions as a method for selling real estate and cars. If a buyer wishes to purchase a car or property through the bank, they agree with the bank on a binding promise to buy what they want. The bank then purchases what the buyer desires and agrees with the buyer on a method for transferring ownership to them.
For example: The bank leases the property from the buyer for a specified rent, with the sale of a share of the sold item to the buyer at the end of each year, and the price is part of the rent paid. Then, the contract is renewed in the second year for what remains owned by the institution, and so on until the purchase of the entire sold item is completed. The contract consists of a lease contract and a sale contract, and this combination of contracts is permissible if it is customary among people and does not lead to disputes.
Another example: It can be a lease contract for a specified period, and at the end of the period, the institution gifts the sold item to the buyer, making the contract consist of a lease contract and a gift contract, and so on.
What is included in the lease ending in ownership, such as leasing, selling, gifting, and the customary combination between them, along with a binding promise, are all valid transactions according to Sharia, thus they are permissible.
Our Sheikh Al-Othmani said in the jurisprudence of sales (1: 512): "If the lessor leases an item, and the sale is not conditional in the lease contract, but the lessor promises the sale with a promise separate from the contract, it should be permissible, provided that all the rules of leasing apply throughout the duration, including that the leased item remains in the ownership and guarantee of the seller throughout the duration, so that if it is lost without any wrongdoing or negligence from the lessee, it is lost from the lessor's property, and the rent is interrupted. If it is lost due to negligence from the lessee, they are liable for its value on the day of loss, and provided that the sale is concluded independently after the lease period ends," and God knows best.