Lecturer of Islamic Law, Faculty of Law Zagazig University
10.21608/mjle.2025.453998
Abstract
This research resulted in a legal ruling that is a subsidiary yet strongly and intrinsically linked to one of the most important areas of financial transactions, which is the earnest money—an advance payment or loan—and its relationship with sales and leases.
The study is structured in the following plan, consisting of a preliminary section, two main sections, and a conclusion. The preliminary section provides a conceptual framework for the nature of earnest money sales, including definitions, terminologies, its origins in the prophetic tradition, its objectives, and its description. The first main section addresses the ruling on the sale of earnest money, which includes four topics: the first topic discusses the ruling on earnest money sales from a jurisprudential perspective; the second addresses the legitimacy of making the earnest money an amount separate from the agreed price; the third covers the duration of the option in earnest money sales; and the fourth explores the relationship between earnest money sales and penalty clauses. The second main section examines the legitimacy of selling real estate through earnest money, which includes three topics: the first topic discusses the ruling on real estate sales with earnest money from a jurisprudential perspective and the implications of permissibility; the second highlights the difference between earnest money sales and a good faith deposit in real estate sales; and the third evaluates the permissibility of earnest money in real estate services. The conclusion includes the most important findings, references, and sources. The research reached several results, the most significant of which is the adoption of the opinion permitting the sale of earnest money in real estate, leading to the following consequences: . Determining the duration of the earnest money. . Permissibility of the penalty clause. . Permissibility of paying earnest money for a contract to construct an apartment. . The sale of earnest money does not establish the buyer's ownership of the property. Permissibility of paying earnest money for properties described in the liabilities.
Al-Qazzaz, D. S. (2025). Selling the property with a deposit A comparative jurisprudence study .. Journal of Legal and Economic Research, 15(0), 1027-1073. doi: 10.21608/mjle.2025.453998
MLA
Dr.Muhammad Saeed Al-Qazzaz. "Selling the property with a deposit A comparative jurisprudence study .", Journal of Legal and Economic Research, 15, 0, 2025, 1027-1073. doi: 10.21608/mjle.2025.453998
HARVARD
Al-Qazzaz, D. S. (2025). 'Selling the property with a deposit A comparative jurisprudence study .', Journal of Legal and Economic Research, 15(0), pp. 1027-1073. doi: 10.21608/mjle.2025.453998
VANCOUVER
Al-Qazzaz, D. S. Selling the property with a deposit A comparative jurisprudence study .. Journal of Legal and Economic Research, 2025; 15(0): 1027-1073. doi: 10.21608/mjle.2025.453998