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Is online business permissible?

Answered as per Hanafi Fiqh by Muftisays.com
Is business/buyoo’ (buying & selling) through the internet permissible? If yes, what conditions are applicable? If no, why?


Answer

Bismillahir Rahmaanir Raheem
Al Jawaab Billahit-Tawfeeq

Respected questioner.

Transactions of buying and selling or business on the internet are permissible as long as the conditions of buying and selling are met.[1]

[1]
والمعنى هو المعتبر في هذه العقود، ولهذا ينعقد بالتعاطي في النفيس والخسيس هو الصحيح لتحقق المراضاة.
(الهداية ج٣)

م: (ولهذا) ش: أي ولأجل أن المعنى هو المعتبر في العقود م: (ينعقد) ش: أي البيع م: (بالتعاطي) ش: وهو أن البائع يعطي المبيع، ولا يتلفظ بشيء، والمشتري يعطي الثمن كذلك
(البناية شرح الهداية- كتاب البيوع- جلد٧ صفة ١٣)

The conditions are
1) The products must be halal- ie not pork or alcohol etc

2) No Riba (usury) is involved

3) the item being sold must be in one’s possession

4)both the buyer and seller should be happy with the transaction

5) when buying and selling an item, it is necessary to show the item properly and spell out the terms clearly. The seller should abstain from speaking in vague terms which could result in problems and arguments.

6)Similarly the price has to be clearly laid down and agreed upon.

7) if there is any fault in the item it is wajib(Mandatory) they are mentioned. It is haram(Unlawful) to conceal the defects and convince the person into buying such an item.

8)No conditions can be made where either the buyer or seller gets benefit
eg. It is sold but i will use the item for another week.

9) have to have khiyar e ru’yat- the chance to view item to ensure it is fully functional and is as described.

10) if the item has been purchased without being seen, the transaction is valid.

However, once seeing the item, he has the right to return it or keep it, irrespective of whether there is any defect in it or not, even it is as he had envisaged it to be, he still has the right to return it or keep it.

These are a few conditions

And Allah knows best

————————————–
Please remember me in your dua’s
Maulana Khalil Ibn Ilyas Laher
London, UK

This answer was collected from MuftiSays.com, based in London (UK). It is one of the fruits of Darul Uloom London. Many ‘ulama are involved in answering the Q&A on the site, including: Shaikul Hadeeth Mufti Umar Farooq Sahib, Mufti Saifur Rahman Sahib, Mufti Abdullah Patel Sahib, Maulana Qamruz Zaman Sahib, Mufti Abu Bakr Karolia Sahib.

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