The Creed of Compassion-Islamic Teachings & Answering Doctrinal Misconceptions

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Issue No.1813- In a transaction of “Conditional sale”, for example a house worth £2000.00 is sold for £1000.00, and it is agreed that if the seller returns the money within a stipulated period he can cancel the transaction, the transaction is in order, provided that the buyer and the seller had genuine intention of purchase and sale, and if the seller does not return the money within the stipulated period, the commodity will be the buyer’s.

Issue No.1814- If a person cheats in a transaction by mixing low quality tea with high quality tea, and sells it as a high quality tea, the buyer may terminate the transaction.

Issue No.1815- If a buyer later finds out that the commodity is defective, for example, the fabric or carpet he has bought were worn out or torn; and if the defect existed before the transaction was made but was not aware, he may either terminate the transaction or determine the proportion of the price of the defective commodity, to the price of the complete one and calculate the price, in proportion, to the money he paid and refund the difference. For example, if he has bought a commodity for $100.00 and finds out that it is defective, and the difference between the value of the complete and defective property in the market is ¼, the buyer may receive ¼of the money that he has paid, i.e., $25.00 from the seller. However, as an obligatory precaution, this should be done with the consent of the party concerned. The same ruling applies if there was a defect in the substitute.

Issue No.1816- If a defect occurs in a property after concluding the transaction and before its delivery, the buyer may terminate the transaction. Similarly, if some defect is found in what is taken in exchange for the property, the seller can cancel the transaction after concluding the transaction and before it is delivered.

Issue No.1817- If a person comes to know about the defect after the transaction, and does not cancel the transaction at once, his right will be forfeited as an obligatory precaution, but there is no harm if he delays it for a short time in order to think about it. And it is not necessary for the seller to be present at the time of the cancellation of the transaction.

Issue No.1818- In the following few cases the buyer cannot terminate the transaction, even if there is defect in the property, nor can he claim the difference between the prices of the sound and defected property:1) If at the time of purchasing the property, he is aware of the defect in it.2) If he later accepts the defect in the property.3) If at the time of concluding the contract, the seller says he sells that property with whatever defect it may have. However, if he specifies a defect and says that he is selling that property with that defect, and it transpires later that it has another defect; the buyer may terminate the transaction.4) If at the time of concluding the contract, the buyer says that if the property has a defect, he will not terminate the transaction, nor will he claim the difference between the prices.

Issue No.1819- In a few cases the buyer may not terminate the transaction if he finds out that there is a defect in the property, but may claim the difference between the prices:1) If after the transaction, he makes a change in the commodity in a way that people can say that the purchased commodity has not remained in its original form.2) If after the transaction the buyer realises that there is a defect in the property, but has already stipulated that he shall not have the right of cancellation.3) After taking possession of the property, another defect appears in it. However, if he purchases an imperfect animal, and before the expiry of three days, another defect appears in the animal, the buyer may return it. And if only the buyer has the right for a particular period to terminate the transaction and another defect appears in the animal during that period the buyer can terminate the transaction even though he may have taken possession of the animal.

Issue No.1820- If a seller informs the buyer about the purchase price of a commodity and he intends to transact based on it, he should inform him about all factors which would affect the rise or fall in the price of the commodity, for example, he should say that he has bought it at this price in cash or on credit (whether he sells it at the same price or at a price less or more than that).

Issue No.1822- If a butcher sells the meat of a female animal for a male animal, in case he specifies the meat and says, "I am selling this meat of a male animal", the buyer may terminate the transaction, and if he does not specify it, the buyer has the right to return the meat and get the meat of a male animal instead.

Issue No.1823- If a buyer tells the draper that he wants a cloth of fast colour, and the draper sells him a cloth whose colour fades, the buyer may terminate the transaction.

Issue No.1824- Taking oath in the matter of transaction is makrūh, if it is true, and haram, if it is false.