Buying and Selling the Concession of Facilities

In countries such as Iran, which are plagued by inflation, the demand for facilities (financial assistance programs offered by banks and lending institutions to help companies) is much higher than the supply. Therefore, some people buy these facilities from their owners. This research seeks to examine the nature of this banking priority to provide the ground for the deduction of the legal ruling of the transaction of these facilities. Using a descriptive-analytical and desk-research method, the findings show that, there is a difference between receiving the concession of the facility by the buyer and receiving the concession of the facility directly by the facility owner and then handing it over to another. In the first case, the sale of concession (assignment of priority over property) is right. In the second case, if the facility is Qardh al-hasane (all loans in Islam are interest free) its sale is an example of loan usury. And if the facility is designed to yield a profit, both participatory and exchange type, is not allowed.