Fatwa ID: 05700
Answered by: Maulana Syed Johir Miah
Question:
Could you kindly answer my questions regarding the following fatwa in detail?
http://daruliftabirmingham.co.uk/dropshipping-business/
1) How can 2 and 4 be satisfied at the same time? It says the product must be well defined on 2 but then says the contract shouldn’t be for a specific item on 4.
2) How can anyone make sure 5 is satisfied? It is about the future. Even for very basic things, we say “inshallah” because we don’t know what will happen in the future. Also, why would I need to have it available until the time of delivery if something is already shipped? Like let’s say you have only one pen and I make a contract with a person for one pen. Why would you need 2 pens for me to make a contract with someone else for only one pen?
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
You are referring to the question on dropshipping and the answer to advance payment ( Baius Salam).
Point 2 is;
“The product must be properly specified in a manner that eliminates any possibility of uncertainty”.
This actually is saying that the product must be clear and not ambiguous and there is a description to the product, and hence the product is not left unclear and vague.
Salam is permitted in everything which it is possible to describe or know the measure of accurately, and anything which it is not possible to describe or know the measure of accurately, salam is not permitted in it.[1]
Salam is not valid, except when seven conditions are stated in the contract: one of the seven conditions is “Known description”.[2] For example, in eggs: large, medium or small, or in terms of wheat.
Point 4 is;
“The contract must not be for a specific item. A Salam contract may be used for all generic items which are made to standardised specifications”.
This refers to a product not to be specified, i.e. specifically from a specific town or a load or a batch.
Salam is not permitted:[3]
- With the measuring instrument of a specific person,
- By the cubit of a specific person,
- For the food of a specific village, or
- For the fruit of a specific date palm tree.
Point 5 is;
“The commodity must remain available in the market right from the day of the contract up to the date of delivery”.
This refers to a product that is available in the market and it does not refer towards something in which there is scarcity.
Salam is not permitted unless the commodity for which the advance is to
be paid (Musallam Fīhi) is present from the point of contact till the point of [theexpiry of] the duration.[4]
The subject matter of the contract of salam needs to be in existence from the time the contract is entered into until the time the duration (of the contract) expires and the object paid for becomes due to be submitted.
Only Allah knows best.
Written by Maulana Syed Johir Miah
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
[1]وكل ما أمكن ضبط صفته ومعرفة مقدراه جاز السلم فيه وما لا يمكن ضبط صفته ولا يعرف مقدراه لا يجوز السلم فيه
Mukhtasarul Quduri, Quduri, 89, Darul Kutub Al-Ilmiyyah, Beirut, Lebanon, 1418 H.
[2]ولا يصح السلم عند أبي حنيفة إلا بسبع شرائط تذكر العقد: جنس معلوم ونوع معلوم وصفة معلومة
Mukhtasarul Quduri, Quduri, 88, Darul Kutub Al-Ilmiyyah, Beirut, Lebanon, 1418 H.
[3]ولا يجوز السلم بمكيال رجل بعينه ولا بذراع رجل بعينهولا في طعام قرية بعينها ولا ثمرة نخلة بعينهاIbid
Mukhtasarul Quduri, Quduri, 88, Darul Kutub Al-Ilmiyyah, Beirut, Lebanon, 1418 H.
[4]ولا يجوز السلم حتى يكون المسلم فيه موجودا من حين العقد إلى حين المحل
Ibid.
