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Can I use a phone smuggled from the US in India and save Rs20000?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
One mobile costs rs 30000 in India and 10000 in us but in U.S it is tied with a telecom service provider due to which such a discount is available the telecom service provider gives the mobile on the condition that the person will use the mobile with the particular service provider for two years . So my question is can I smuggle the phone from and use it India as in the process I will be saving Rs20000

Answer

(Fatwa: 588/542=B/1430)

The company puts a condition for the customer that he shall use the service for two years. This condition is against the requirement of transaction; therefore it is unlawful to purchase it:

وکل شرط لا یقتضیہ العقد وفیہ منفعۃ لأحد المتعاقدین أو للمعقود علیہ یفسدہ (ھدایۃ 3:62 کتاب البیوع، باب البیع الفاسد)

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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