Fatwa ID: 08330

Answered by: Maulana Abdurrahman Mohammad

Question:

I ordered a food deal, and there were some missing and some incorrect items. I complained and they refunded the full amount, even though some of the items were sent. I said that it’s enough to send just the refund for the missed items/wrong items but they said they can’t amend the refund as it’s done by the system (if I remember correctly).

It could also be because the deal itself is considered one item in the bills, so in these cases, when food companies/apps refund the total amount when there is something wrong with the order, can I keep the money? I don’t think I can return it as it’s ordered from a third-party app.

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

Answer:

When items are purchased in a bundle, they must be returned together to receive a full refund. If the price of each item is known, you may return certain items in the bundle and receive a partial refund. The purpose of transaction rulings in the Shariah is to ensure mutual satisfaction and prevent disputes.

If the seller agrees to a full refund and allows you to keep the shipped items, that would be permitted. You would need to seek permission from the seller first. If the seller provides other instructions on what to do with the items, it would be impermissible to keep the items. If it is impossible to return the items or seek permission, they must be donated on the business’s behalf.

The condition for the validity of the cancellation is the consent of the two contracting parties and the meeting, the exchange of the amount in the cancellation, and that the sold item be the subject of the cancellation for all the reasons for cancellation.

References:

[1] وَشَرْطُ صِحَّةِ الْإِقَالَةِ رِضَا الْمُتَقَائِلَيْنِ وَالْمَجْلِسُ وَتَقَابُضُ بَدَلِ الصَّرْفِ فِي إقَالَتِهِ وَأَنْ يَكُونَ الْمَبِيعُ مَحَلَّ الْفَسْخِ بِسَائِرِ أَسْبَابِ الْفَسْخِ

(Al-Fatāwā Al-Hindiyyah, vol. 3, pg. 157, Al-Maṭba’ah Al-Kubrā Al-Amīriyyah)

Only Allah (عَزَّ وَ جَلَّ) knows best.

Written by Maulana Abdurrahman Mohammad

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham