The level of investigation required when buying from a Muslim or non Muslim

CategoriesTrade, Business & All Things Money [454]

Fatwa ID: 01505

Answered by Mufti Mohammed Tosir Miah

Question:

If a Muslim is purchasing an item from a Muslim or non Muslim to what level should he investigate?

Answer:

Bismillah

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

The investigation should be based on something which we call in Arabic as “Zanne Ghalib” or in English “overpowering thoughts”.

It is a desired quality for Muslims to have good thoughts (Hussn-Zann) about every Muslims. (Maariful Qur’an p.138 v.8) 

Allah subḥānahu wa ta'āla (glorified and exalted be He) in the Holy Qur’an has said,

“O you who believe! Abstain from suspicions. Some thoughts are sinful.” (Surah Hujurat v.12)

A person merely being a Muslim is sufficient for entertaining good thoughts for a person as one requires proof to have evil thoughts for a person.

Regarding your situation, you should not assume the items to be stolen property without any proof or evidence. As I mentioned above we should have good thoughts about a Muslim and take his word for it.

If however, you have reasonable enough evidence that you are buying from a person who is stealing it from others or he himself is buying stolen property then such a transaction will be considered invalid and the money gained will be unlawful as one of the conditions of a sale being valid is that the seller should be the owner of what he is selling. (Mukhtasar Quduuri p.62)

The Prophet of Allah ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) said, “He who buys the stolen property, with the knowledge that it was stolen, shares in the sin and shame of stealing. (Sunan Baihaqi)

Furthermore, buying from the thief is helping him in sin and transgression, and is encouraging the thief to carry on with what he is doing.

Allah subḥānahu wa ta'āla (glorified and exalted be He) in the Holy Qur’an has said,

“Help you one another in virtue and piety, but do not help one another in sin and transgression” (Surah Maaidah v.2) 

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham.

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