Procedure of buying a shop in Kashmir

CategoriesTrade, Business & All Things Money [488]

Fatwa ID: 01459

Answered by Mufti Abdullah al-Ma’mun

Question:

The procedure here in Kashmir (India) to get a Shop for business is as follows:

We have to pay the Shop Owner an amount known as (METHAYE here )as per the market rate e.g. if I want to buy a shop of size 12×16, Shop owner will tell me that METHAYE amount will be Rs 3-4 lac as per value of that very site and monthly rent will Rs. 2000/- if the deal is done, now I am the owner of METHAYE of my shop i.e. if I am going to sell this shop after 3-4 years I will get the METHAYE amount as per the present value that will be 3-4 time than what I gave when I purchased this shop and rent will still go the original owner of this shop. I think almost more than 95% of Shops follow the above ruling here in Kashmir. Is this kind of deal lawful or not? Can we somehow with some TAWEEL/RULINGS/HEELA make the above dealing lawful?

Answer:

Bismillah

In the name of Allah, the most Beneficent, the most Merciful.

It is not clear to me exactly what role the ‘Methaye’ plays in the actual transaction. If it is paid as a deposit towards the renting of the shop it should not be much different to the monthly rent value of the shop (which you say is Rs. 2000) give or take a few hundred rupees. However you have stated that the value of ‘Methaye’ is 3-4 lacs which is considerably high compared to the monthly rent value.  Hence I am assuming that this sum is paid as a bribe to the owner of the shop. If it is paid as a bribe then it is an unlawful transaction.

Allah subḥānahu wa ta'āla (glorified and exalted be He) says:

''And do not consume one another's wealth unjustly or send it [in bribery] to the rulers in order that [they might aid] you [to] consume a portion of the wealth of the people in sin, while you know [it is unlawful]''

(al-Baqarah 02:188)

The Prophet of Allah Sallallahu Alahi Wasalam said "The curse of Allah is upon the one who offers a bribe and the one who takes it."

(Sunan Ibn Majah Sunan Tirmidhi)

Only Allah Knows Best

Written by Mufti Abdullah al-Ma’mun

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham.

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