Lay-byes, etc

Answered according to Hanafi Fiqh by Mahmoodiyah.org.za

Question:

Assalamualaikum

I got the linen business and do make Lay Buys, we make Lay Buys for 3 months, customer have to pay there lay buys within 3 months ,otherwise we don’t give them there 1 0r 2 instalment what they paid during 3 months my question is that is it permissible in Islam to forfeit the money which he paid?
(we clearly explain this rules before they make lay buys)

or

if the customer buy cash today and tomorrow he come back and say he don’t like this things and he want his money back, we only allow the customer to exchange not refund ( he buy blanket for 200/- and exchange with 175/- and force the customer to buy something for 25/- and if he don’t want we don’t refund 25/-) but if exchange with higher value then we ask him the difference of amount my question is 1:_ in Islam before selling any goods can we put the condition like only exchange no refund etc. or handling charges (because most of them they buy from you and then they compare your price with other shop and bring it back)


Answer:

 

                  

 

1: To forfeit the accrued lay bye money is not permissible. Rather if the client could not pay off his lay bye in the prescribed time then the money already paid to you by the client should be returned to him, and if the client does not come back to collect their money it should be given in charity.

2: You should initially tell all your clients that you don’t give refunds but will exchange any returned goods for something of the same value or even something of a higher value with the difference paid by the client.

3: If you stipulate at the beginning of the sale that no refunds are given or that an appropriate handling charge will be issued on every returned item then it becomes permissible. 

 

And Allah Ta’ala knows best

Mufti Muhammad Ashraf

Darul Iftaa

Jameah Mahmoodiyah

Springs

www.mahmoodiyah.org.za

[email protected]                    

07 March 2007

16 Safar 1428

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