Fatwa ID: 06981

Answered by: Alimah Jannatun Nessa

Question:  

I had a situation that I’ve been unable to find out any information on, apologies if this may be a small question to ask – it has been on my mind because of the potential of it being a debt. I was at a restaurant some time ago and went to eat food there. I ordered a meal – main portion and a side with a drink. Whilst at the restaurant, I was waiting for the food for quite some time, quite delayed, and had the drink. Eventually the main portion came out and without the side portion it was meant to come with. I was told it would come out shortly. Quite a bit of time went by after that again while I was waiting and eventually the side portion came out and it was not only after the main portion got on the colder side, but I wasn’t happy overall with what they gave. 

As a result, I complained to the staff about this sizeable delay, was quite upset at the situation, and did not eat the meal. Instead, I mentioned that I’d be leaving and went to the payment desk. Here I paid for my drink and then left. At no point was I told that I had to pay for the meal and I didn’t also insist heavily that I do not pay – I mainly complained about the service calmly, went to pay, and left. The staff never mentioned anything about payment and basically stayed quiet throughout this.

Looking back at it, maybe I could have had more patience at the time but I am grateful to Allah SWT that I don’t have a big bad temper so don’t believe I was rude. However, my question is, Islamically do I owe a debt to this restaurant for the meal? I didn’t have the food and the staff didn’t ring up the meal under the bill when I went to pay or insist I pay. But one could argue that the food was eventually delivered even if it was delayed and cold. Please advise on if I owe them money, and if I do, what would be the best way of going about repayment?

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

Answer:

Islamically, the customs and common practices of the people have authority if they do not oppose sharia. 

In other words, it is a well-known and common practice that if you had requested for an item to be made and did not receive it according to the initial request, you would not be obligated to accept the item and pay for it; instead, the person who made the item would be responsible for rectifying the situation. They must either compensate you for the money you spent if you have already paid for it, or if not, they must replace the item as per the initial request.

Putting this into context, if a restaurant fails to meet their customers’ expectations, they must offer a suitable solution by either refunding the money, discounting for the inconvenience, providing a replacement, etc. so that their business maintains a positive reputation. You are not in debt towards them, but it might make you feel at ease to clarify things by asking them directly about their refund policy and customer satisfaction guarantee.

Only Allah (عز و جل) knows best.

Written by Alimah Jannatun Nessa

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

[Qawaid fiqhiyyah, page 46]

القاعدة الخامسة: العادة محكمة