Darulifta Ahlesunnat
(Dawateislami)
Question
What do the honourable
scholars of Islam say regarding the following matter: I want to take money from
my friend for business, and my friend requires some profit on his money too. In
order to achieve this, my friend intends to buy the goods that I require, such
as kitchen products, hobs, tongs, etc., from the market for 50,000 rupees and
then having told me the purchase price i.e. 50،000,
my friend will sell it on credit to me for 52,000 rupees. In this manner, he
will receive 2,000 rupees in profit, and I will receive the goods that I
require. Please shed light on whether this is permissible or not.
بِسْمِ اللہِ الرَّحْمٰنِ الرَّحِیْمِ
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ
الْحَقِّ وَالصَّوَابِ
The
above-mentioned method is permissible in Islam, and there is no harm in it.
This is because it is a type of buying/selling (bayʿ
murābaḥa). However, it is important to
note that when purchasing the goods on credit from your friend, your friend
must have already taken possession of the goods himself or an agent acting on
his behalf must do so, and then he can sell them to you; he cannot sell them
before taking possession of them.
Similarly,
it is also necessary that when agreeing the deal, the time for the credit be
stipulated and no impermissible condition is attached to this (e.g., penalty
fees). If the time is not stipulated or an impermissible condition, such as a
penalty fee, is attached, the contract will become void(fasid)
and impermissible.
Note:
This answer is not about Murabaha transaction prevalent in banks. The decision
will be taken after examining the case and conditions of the bank.
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَرَسُوْلُہ اَعْلَم صَلَّی اللّٰہُ تَعَالٰی عَلَیْہِ وَاٰلِہٖ
وَسَلَّم
Answered By : Mufti Muhammad Qasim Attari