QUESTION:

A person gives his book to someone to get it photocopied, printed, stapled and bound (if he wishes) .This person provides this service for a fixed price per page which is to be payed upon collection of the newly printed book/photocopy. However he will keep this persons book ( original ) by him until he comes and pays and collects it ,just to ensure that the person will actually come and collect it.( Like a rahn ?)

So I have 2 questions regarding this:

First being, is this retaining of the original book as a surety permissble in this scenario which seems to be istisnaa’? And is such a rahn valid generally?

Secondly, is this actually istisnaa’ and will the person have a choice of purchasing or leaving the photocopy ie khiyaar once he sees it ? ( even if he Doesn’t find any defects and problems with it) And in the case where it is defective, can he take it but demand a discount?

Kindly provide refernces, jazakallahukhair
Wasslam.

ANSWER:

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

1. In this scenario, this is permissible.

2. Istisna’ is a type of sale where a commodity is transacted prior to it coming in to existence. The buyer instructs the manufacturer to manufacture a specific commodity for him.

The sale in question falls under the above definition. Hence, it will be considered as istisna’.

For the validity of istisna’, the price must be fixed by both parties and there should also be an agreement on the necessary specification of the commodity.

After the manufacturer has started the work, the contract cannot be cancelled unilaterally.

If the commodity conforms to the specifications agreed upon by both parties at the time of the contract, the buyer is required to accept the goods. The reason for this is that it would be damaging for the manufacturer to suddenly cancel the sale after the manufacturer has used his resources to prepare the goods according to the required specifications.

Hence, if the book in question is made and delivered according to the specifications agreed upon by both parties at the time of the contract, the buyer in question would have to buy it.

In the case where the book is defective and not in accordance to the specifications agreed upon by both parties, the price can be revised subject to the agreement of the contracting parties.

(An Introduction To Islamic Finance, By Mufti Taqi Usmani)

(The AAOIFI Shari’ah Standards)

And Allah, the Almighty, knows best,

Mufti Sufyan,