Praise be to Allaah.
This transaction
is known as a muraabahah transaction for the one who gives instructions for
the purchase. Dr. Muhammad ‘Abd al-Haleem ‘Umar said in his paper
at-Tafaaseel al-‘Amaliyyah li ‘Aqd al-Muraabahah, which was published in
the fifth edition of Majallat Majma‘ al-Fiqh al-Islami:
Muraabahah may be
done in one of two ways that were defined in classical fiqh. They are:
-1-
This may be called
the general or original form. This is when someone buys an item for a
certain price, then he sells it to another person for the original price
plus an extra amount of profit. In this case he is buying it for himself
without any prior request from anyone else, then he offers it for sale on
the basis of muraabahah.
-2-
This has recently
been called “muraabahah transaction for one who issued instructions to buy.”
How this is done is as follows: one person goes to another and says to him:
Buy a particular item which is present (in the market) – or he gives a
description of it – and I will buy it from you for the price you bought it
for, and I will add a certain amount or percentage of the first price as
profit. Although this kind has been called “muraabahah transaction for one
who issued instructions to buy” by contemporary fuqaha’, the way it is done
has been described by the earlier fuqaha’, as is mentioned in al-Umm
by ash-Shaafa‘i, in which it says: If one man shows an item to another man
and says: Buy this and I will give you such and such profit for it, and the
man buys it, this purchase is permissible. Then he said: The same applies if
he says: Buy something for me – and he describes it – or buy any item you
want and I will give you a profit for it, all of that is the same and the
transaction is permissible. End quote.
“muraabahah
transaction for one who issued instructions to buy” is permissible on
condition that the one who is instructed to make the purchase buys the item
for himself and takes possession of it in a real sense before he sells it to
the one who gave those instructions.
It says in
Fataawa al-Lajnah ad-Daa’imah (13/153): If someone asks another person
to buy a specific car or a car that meets the description he gives, and he
promises to buy it from him, and the one who was asked to do so buys it and
takes possession of it, it is permissible for the one who asked him to do
that to buy it from him after that, whether for cash or by instalments, for
a stated amount of profit. This does not come under the heading of selling
what one does not possess, because the one who was asked for the product is
only selling it to him after buying it and taking possession of it. But he
does not have the right to sell it to his friend, for example, before he has
bought it or after he has bought it and before he has taken possession of
it, because the Prophet (blessings and peace of Allah be upon him) forbade
selling an item in the place where it was bought, until after the merchants
have taken it to their own places. End quote.
Thus it is known
that if the person with the money goes with the questioner to the merchant
and pays for the bedroom set, for example, then the questioner takes it
directly from the merchant’s store, without the person with the money moving
it and taking possession of it and becoming responsible for it, this is not
permissible.
Shaykh Ibn
‘Uthaymeen said in Fataawa Noor ‘ala ad-Darb: What many people do
nowadays, whereby the lender and borrower go to another person who has an
item, and the lender buys it then sells it to the borrower when it is still
in place and has not been moved, then the borrower sells it to the store
owner or someone else before moving it – we know that this transaction is
haraam and is not permissible, beyond any doubt, because it comes under the
heading of selling an item in its place, but the Prophet (blessings and
peace of Allah be upon him) forbade selling an item in the place where it
was bought until the merchants have moved it to their own places. End
quote.
What also
highlights the fact that it is not allowed is that in this case the owner of
the money has made a profit on an item for which he was never liable. But
the Messenger of Allah (blessings and peace of Allah be upon him) said: “No
profit is allowed on an item unless it has become one’s responsibility (for
which one is liable)”. Narrated by at-Tirmidhi, 1234 – he said: This is a
hasan saheeh hadeeth. Also narrated by Abu Dawood, 3504; an-Nasaa’i, 4629;
Ibn Maajah, 2188; Ahmad, 6591. Classed as saheeh by al-Albaani in
as-Saheehah, 1212.
See also the
answer to question no. 36408
for information on the conditions of muraabahah sales being permissible.