The Majlis Archive

Finance - Banking - Business The Majlis Vol 28 No 03, p.6

I sold a phone for R4500.

Question

I sold a phone for R4500. The arrangement was to pay me in two monthly instalments. The buyer did not make the necessary payments. After several months, a payment of R1500 was made. Thereafter, the buyer wants to give back the phone and demands a full refund of the R1500. He had used the phone for four months. What is the Shariah's ruling?

Answer

He has absolutely no right to return the item and demand full refund. The buyer still owes you R3,000. Should you decide to take back the phone, it will constitute a new sale in terms of the Shariah. You will be buying it from him. You may then offer whatever you deem is suitable. You are entitled to demand payment of the R3,000 outstanding.

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The Majlis Vol 28 No 03
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6

Appears under THE TRAIN STOPS AT MAKKAH (approximate).

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