Laws of Trade

Mufti Abu Muhammad Ali Asghar Attari Madani

Refusal to accept items after having them prepared on order

Q: What do the scholars of the mighty Shariah say concerning the following: I have a shop where I prepare furniture. A customer selects an item of furniture in a picture or video etc., and requests for it to be produced by placing an order. Necessary matters are agreed at the time of placing the order, e.g., the type of wood, colour of polish or deco, etc., design, sheet and its colour, size, etc. These are all kept in accordance with the customer’s demands. After the item is prepared, customers refuse to take it, giving the reason that it does not appeal to them. In such a scenario, do they retain the right to refuse the item after it has been prepared?

It should remain clear that the item has been prepared to the customer’s preferences. If the customer does not take the item, we have to shoulder considerable loss.

اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ

A: A customer’s order for furniture to be produced is BayꜤ al-IstiṣnāꜤ (manufacturing contract). In this, the category, type, description, etc., of the item must be explained in such a manner that its identification is clear.

Therefore, at the time of taking the order for manufacturing, it should be agreed which type of wood is to be used, its size, design and any other matters that could become causes of disagreement between the two parties. If these are clarified, this manufacturing contract will be correct.

If the manufacturer produces the item according to the description given by the customer, it is necessary for him to accept it. He does not have the right to refuse according to Islamic law. In this age, legal verdicts are issued upon this view. If the manufactured item is not produced in accordance to the description of the customer, the customer has the option of taking the item or leaving it. This is referred to as khiyār al-waṣf in Islamic legal nomenclature.

The detail concerning this legal case is that if the manufacturer produces the product in accordance with the client’s mentioned specification, then according to Imam Abū Ḥanīfah      رَحْمَةُ الـلّٰـهِ عَـلَيْه  and Imam Muḥammad رَحْمَةُ الـلّٰـهِ عَـلَيْه, he still has the option of taking it or refusing it. This is referred to as khiyār al-ruˈyah in Islamic legal nomenclature. Whereas, according to Imam Abū Yūsuf رَحْمَةُ الـلّٰـهِ عَـلَيْه, the client will not have this option,[1] rather it will be necessary for him to purchase it. 

The scholars in this era, and many noble jurists of earlier times, adopted the view of Imam Abū Yūsuf رَحْمَةُ الـلّٰـهِ عَـلَيْه. This is because the item produced is in accordance with the description of the one whom it is manufactured for and much capital is invested in it. Upon the refusal of the client, the merchandise will either not be purchased by another or will be sold after some time, which will be of harm to the manufacturer.

وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم

 Taking scholarship money

Q: What do the scholars of the mighty Shariah say concerning the following: Is it permissible to accept scholarship money offered by educational institutes?

اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ

A: In and of itself, according to Islamic law, there is no harm in accepting scholarship money offered by educational institutes. It is permissible for the person who fulfils the criteria of the institute offering scholarship money to take it. This amount is a gift from the institute providing it, and in some scenarios, it is made permissible.

However, if zakat money is given as a scholarship there are detailed rulings concerning giving it, being deserving of it and taking it. In Majallat al-Aḥkām, it is stated concerning gifting:

الھبۃ ھی تملیک مال الآخر بلا عوض

Gifting is giving ownership of wealth to another without any recompense.[2]

وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم

Salesman keeping extra money

Q: What do the scholars of the mighty Shariah say concerning the following: The owner of a shop has informed his salesman that an item has cost £1.50 and he must sell it for £1.60. In the absence of the owner, the salesman sold the item for £1.80. He placed £1.60 in the cash register and kept the extra money. Is it correct for the salesman to keep this extra amount?

اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ

A: A salesman working in a shop is an agent for the shop owner in selling items. If the agent sells an item for more than the established price, the owner of that extra will be the principal and not the agent. Therefore, in the mentioned scenario where the salesman sold the item for more than the price mentioned by the owner, the entire amount belongs to the owner. It is not permitted for the salesman to keep the extra amount.

It is stated in MajmaꜤ al-Ḍamānāt:

لو وكله ببيع عبده بالف فباعه بالفين فالالفان كله للموكل

If he made him his agent in selling his slave for 1,000, and he sold him for 2,000, all the amount belongs to the principal.[3]