Question
Person 'A' agrees verbally to sell a commodity to person 'B' on credit at an agreed price and Person 'B' takes the commodity subject to a contract with terms and conditions being written out. Person 'A' has now drawn up the sale contract with terms on how payments should be made and over how many years with the exact monthly payments required, etc., including clauses outlining what can be done if Person 'B' is unable at any stage to meet monthly commitments. It's now been 6 months and Person 'B' refuses to sign the contract and has only made 2 miniscule payments towards the debt instead of the proposed monthly payments and refuses to talk to Person 'A'. Does Person 'A' have any recourse in Shariah like taking the commodity back or is there anything else that he could do as he feels that Person 'B' is taking advantage of him
Answer
On the basis of the information provided by you, Person A has the right to repossess his commodity. However, since the commodity is now the property of person B since it was given into his possession and some payments accepted, if the commodity realizes a price in excess to what person B owes, then the excess must be given to him (person B).
Person A is entitled to the amount outstanding. We are almost sure that the agreement is cluttered with corrupt (faasid) conditions).
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 26 No 01
- PDF page
- 4
Appears under Questions and Answers (approximate).