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The Ruling on Demanding an Amount Beyond the Advance Payment in Case of Canceling a Deal

Financial Transactions,Buying and Selling,The Ruling on Demanding an Amount Beyond the Advance Payment in Case of Canceling a Deal

Fatwa No :
85341
| Date :
0000-00-00

Fatwa No : 85341
The Ruling on Demanding an Amount Beyond the Advance Payment in Case of Canceling a Deal
معاملات / مالی معاوضات / خرید و فروخت

The Ruling on Demanding an Amount Beyond the Advance Payment in Case of Canceling a Deal

What do the respected Muftis say regarding this issue: We are six brothers, and along with our father, we jointly purchased a house. One of our younger brothers (Muhammad Asif Shehzad) made a deal for this house with a person and also received 250,000 rupees as an advance payment. However, due to some internal family matters, we now want to cancel this deal. But that person is saying that if we want to cancel the deal, then instead of 250,000 rupees, we will have to pay him 500,000 rupees. The question is: according to Shariah, what is the ruling on this person’s demand of 500,000 rupees instead of 250,000? Kindly provide the answer in the light of the Qur’an and Sunnah.

الجوابُ حامِدا ًو مُصلیِّا ً

In the mentioned case, if the deal is cancelled, it is not permissible according to Shariah for the buyer to demand an additional 250,000 rupees apart from the original advance amount (250,000). It is necessary in every way to avoid this.

مأخَذُ الفَتوی

کما فی بدائع الصنائع: وثمرة هذا الاختلاف إذا تقايلا ولم يسميا الثمن الأول أو سميا زيادة على الثمن الأول أو أنقص من الثمن الأول، أو سميا جنسا آخر سوى الجنس الأول قل أو كثر أو أجلا الثمن الأول فالإقالة على الثمن الأول في قول أبي حنيفة - رحمه الله -: وتسمية الزيادة والنقصان والأجل والجنس الآخر باطلة سواء كانت الإقالة قبل القبض أو بعدها، والمبيع منقول أو غير منقول الخ (5/306)۔

And Allah knows best
Darulifta Jamia Binoria Aalamia

Fatwa No 85341 Verify Now
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