Fatwa ID: 02967

Answered by:  Maulana Mohammad Ahsan Osmani

Question:

Assalamu Alaikum Wa Rahmatullah

We are 4 friends. We decided to go to Europe for a holiday by road. We booked a ferry for £152 in advance.

Friend A all of a sudden said he doesn't want to go. Then Friend B also said he's not going.  Now, friends, C and D say if A and B aren't going then we are not going either. The question is because we don't get a refund who pays for the £152? Is it friend A and B  because they cancelled their plans first?? Or do all 4 of us split the £152 between us.

Answer:

بسم الله الرحمن الرحيم

In the name of Allah, the Most Gracious, the Most Merciful.

If all four friends promised to divide the cost between themselves, then every individual should honour his word and pay the amount which he pledged. For example: If person B, C, D, tell person A, “We will split the cost four ways; therefore, you pay the whole amount right now (to book the ferry), and we will pay our portions back to you later,” then it will be necessary for the four friends to split the cost four ways once person A has paid the full amount to book the ferry, because this is considered to be “a promise which is suspended upon a condition.” In other words, when the condition is found, the promise must be fulfilled.^[1] Allah تعالى describes the believers in Surah Al-Muminoon, verse 8, “And those who look after their trusts and covenant (they fulfil them).”                                 

Only Allah تعالى knows best

Written by Maulana Mohammad Ahsan Osmani

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

^[1] Al-Qawaid Al-Fiqhiya: p. 92 (Darul Tirmidhi)