Laws of Trade
Mufti Abu Muhammad Ali Asghar Attari Madani
Making digital images of living things
Question: What do the scholars of Islam say regarding the following: I work in graphic design and I make digital images of various things. Sometimes I am required to make images of living things, and the customers do not tell us if they will be printed or only used on digital platforms. Is it permissible for me to create and give these images to such customers?
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
Answer: Digital images do not fall under the same ruling as printed pictures. In the scenario of the questioner, if the customer does not inform you if the images will be printed, your work in graphic design is permissible. It is impermissible to create digital images that contain immorality, obscenity, or anything that opposes Islamic law, even if they are not printed.
If sin can be committed with the item, but the item was not designated for the purpose of sinning, it can be sold due to the doubt of its use. It is written in Hidāyah:
وان كان لا يعرف انه من اهل الفتنة لا باس بذلك، لانه يحتمل ان لا يستعمله فى الفتنة فلا يكره بالشك
If it is unknown whether someone is from the people who cause tribulation, there is no harm in selling him a sword because it is possible he does not use the sword for evil. It is therefore not disliked to sell him a sword due to the doubt of its application.[1]
Similarly, Imām Aḥmad Razā Khān رَحْمَةُ الـلّٰـهِ عَـلَيْه states regarding the selling of opium:
Using opium as a narcotic to the point of intoxication is forbidden. It is permissible to use when treating and bandaging wounds, and a small amount can be placed in beverages if it does not lead to intoxication. If it will not be used for sin, there is no harm in selling it.[2]
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم
Online orders for frozen goods
Question: What do the scholars of Islam say regarding the following: in Karachi, advertising frozen goods like samosas or spring rolls etc. via social media platforms is becoming common.
After receiving online orders for these goods, they are sent to the customers’ homes. However, sometimes we do not have any goods available when we receive orders. What is the ruling regarding this?
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
Answer: In the scenario of the questioner, advertising frozen goods (like samosas and spring rolls) on social media and selling them after receiving online orders is permissible. It is permissible even if you do not have the goods in your possession when you accept an order, as this is bayʿ istiṣnāʿ. This business contract opposes analogical deduction but is permissible.
Producing goods after receiving an order is called bayʿ istiṣnāʿ in jurisprudential terms. This contract is permissible for items that are usually made after an order is received. The price, quantity, design, and other features must be clear before the contract is established to avoid disputes in future.
Imām Aḥmad Razā Khān رَحْمَةُ الـلّٰـهِ عَـلَيْه explains this as such:
Having someone make a product for a specific price is called bayʿ istiṣnāʿ. If it is common for the goods to be manufactured this way, and the attributes, price, features etc. are clearly explained to avoid disputes; this contract is permissible. It is not necessary to fulfil the conditions of bayʿ salam, like giving payment in the same sitting where the contract is established, remaining in the marketplace, and the product being fungible.[3]
Note: What are the delivery locations and charges, or is it free delivery? These charges should be stipulated before accepting an order.
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم
Creating websites for businesses
Question: What do the scholars of Islam say regarding the following: I do not make websites for people to sell forbidden products like alcohol, but I make websites for customers who want to do business. A customer uses the website to sell his products, but I am unaware of what he displays on it. I do not place any product or image upon it, but some customers display impermissible images or sell forbidden items. Will I be sinful for this?
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
Answer: In the given scenario, you are making websites solely for business purposes. Whilst you are making these websites, you do not know if they will be used to sell impermissible products. Therefore, it is permissible for you to create a business website for a customer. Now, if the customer advertises his products with unveiled women or sells impermissible products, you will not be sinful. It is like someone selling knives to the public and the seller is unaware of how the buyer uses the product. The buyer could use the knife to cut vegetables, or he could use it to harm Muslims.
If you know the customer will use the website for sin, making the website for him is aiding him to do evil, which is impermissible. It is like selling weapons to people who spread corruption and turmoil whilst knowing they will use the weapons to kill others.
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم
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