Jamiatul Ulama KZN Council of Muslim Theologians
Nasihah (Advise): Be lenient when transacting
Sayyiduna Jabir bin Abdullah Radiyallahu anhu narrates that Rasulullah Sallahu alaihi wa sallam said, “May Allah’s mercy be upon him who is lenient in his buying, selling and in demanding back his money.” (Sahih Bukhari)
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Question and Answer:
- An agreement was made between the buyer and seller for payment to be made in three monthly installments. In the first month, the full amount was paid. In the second month, half of the amount was paid, and in the third month, a quarter of the amount was paid. What steps can we take now? Please provide your advice.
- A. In such a situation, it is important to adhere to the principles of fairness and justice as prescribed by Islam in all transactions. According to the arrangement, the payment was supposed to be made in three monthly instalments. However, there seems to be a discrepancy in the payment amounts over the three months as mentioned in your query.
- Islamic Perspective
Honouring Agreements: In Islam, honouring agreements and fulfilling commitments is highly emphasized. Allah Ta’ala says in the Quran: “O you who have believed, fulfil [all] contracts.”(Quran 5:1)
Justice and Fairness: It is imperative to maintain justice and fairness in all dealings. If the agreed-upon terms were not followed, it may lead to injustice to one party, in this case, potentially the seller.
- Advice
Clarification and Reconciliation: Both parties should come together and review the original agreement. It is crucial to clarify the terms and ensure that both parties understand and agree to the conditions set forth.
Adjustments: If there was a genuine reason for the deviation in payments, such as unforeseen financial difficulty faced by the buyer, then both parties should discuss and agree on a revised payment plan that is fair and acceptable to both.
Forgiveness and Leniency: Islam encourages leniency and forgiveness in financial transactions. If the buyer is facing genuine difficulties, the seller could consider being lenient or rescheduling the payment plan. Allah Ta’ala says: “And if someone is in hardship, then [let there be] postponement until [a time of] ease. But if you give [from your right as] charity, then it is better for you, if you only knew.”(Quran 2:280)
Written Agreement: Ensure that any revised agreement is documented clearly to avoid any future misunderstandings. Both parties should have a copy of this written agreement.
- Conclusion
It is crucial to adhere to the terms of agreements made. If deviations occur, they should be addressed promptly with mutual understanding, fairness, and in the spirit of cooperation. By doing so, both parties can uphold the principles of justice and kindness that are central to Islamic teachings.
And Allah Ta’ala Knows Best
Mufti Muhammed Hamza Farooqui
Mufti Taahir Hansa
(The answer hereby given is specifically based on the question asked and should be read together with the question asked. Islamic rulings on this Q&A newsletter are answered in accordance to the Hanafi Fiqh unless otherwise stated.)
Fatwa Department
Jamiatul Ulama (KZN)
Council of Muslim Theologians
223 Alpine Road, Overport
Durban, South Africa
Tel : +27 (0) 31 2077099
Email: fatwa@jamiat.org.za
Fax : +27(0) 31 2074163
Website : www.jamiat.org.za
