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Can I keep 10,000 of the customer’s payment to cover my loss if I cancel their order?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
A customer has given me order of match boxes of 100,000 rupees. He has also done advance payment of 15,000 rupees. At present i have made goods of worth 25,000 rupees , but now customer says to cancel the order and refund the money. If i sell this goods in open market then there will be a loss around 10,000 rs , that is , i will get 15,000 (25,000 – 10,000= 15,000). In case i agree to cancel the order with customer, then can i keep his 10,000 rupees with me to compensate my loss, and refund him 5,000 (15,000 – 10,000=5000) ?. Please reply in detail and along with proof .

Answer

(Fatwa: 443/433=L)

The transaction is complete between both of you. Now, if the buyer wants to cancel the order then it can be furnished by consent of both sides. If you do not like to cancel the transaction, the buyer can not force you to do so. But, in case you cancel the transaction you will not be allowed to keep the 10000/- and you will have to return total 15000/-.

Allah (Subhana Wa Ta’ala) knows Best

Darul Ifta,
Darul Uloom Deoband

This answer was collected from the official ifta website of Darul Uloom Deoband in India.

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