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I purchased an item from a certain Muslim business manager I no longer require the item.

Answered as per Hanafi Fiqh by Askimam.org

I purchased an item from a certain Muslim business manand I no longer require the item. I produce my slip as required. I was refused a refund but was told to take something from the store to the value of the money spent. The fact is that I don’t require anything from that store. 

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh

You purchased an item from the seller. You are the owner of the item. If you do not require the item, the seller is not obliged to cancel the transaction.[1] However, the buyer and seller can annul the transaction through mutual consent.  This is known as ‘Iqalah’ (Mutual Dissolution of Transaction).

Saaiduna Abu Hurairah (Radiallahu Anhu) narrates that the Prophet of Allah (Sallallahu Alahi Wasalam) said ‘Whoever rescinds the sale of someone who regrets it, Allah will rescind his sins on the Day of Judgment.’   (Sunan Baihaqi)

And Allah Ta’āla Knows Best

Ismail Desai,

Darul Iftaa

Checked and Approved,

Mufti Ebrahim Desai.


1و اذا وجدا (القبول و الاايجاب) لزم البيع بلا خيار الا لعيب او رؤية ( الدر المختار (ص 47، ج 7، كراتسي)

According to Shariah, a legitimate and permissible transaction (Bay) is defined as “The exchange of an owned commodity for another in a specified manner or the exchange of an owned commodity for another in a beneficial and special manner.”  (Badaaius Sanai p.133 v.5)

According to Shariah, a business transaction is concluded and executed by an offer and exchange. In the Hanafi Fiqh, offer is the action of one of the two parties indicating willingness to engage in a transaction.  The offer thus originates from the buyer or the seller and acceptance is indicated by the second party.  The offer is defined as the primary action and acceptance as the secondary one, regardless of whether they originate with the buyer or the seller.   (Fathul Qadir p.74 v.5)    

This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

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