Is it permissible to return a used phone for which a portion of the price has been paid and the remainder is being paid in installments, while recovering a portion of the amount paid due to the phone's depreciation from use? And is this considered a 'bay' al-'inah' (a type of usurious transaction)?
If the sale is concluded by the separation of the two parties to the contract from the contract session after fulfilling its conditions and pillars, and the buyer has received his merchandise, then neither party is permitted to revoke it. However, it is permissible to request annulment (iqālah), and it is recommended to respond to it. Scholars have differed regarding iqālah: Is it a rescission of the contract, whereby the seller returns everything he took and reclaims his merchandise? Or is it a new sale, in which case it is permissible to agree to drop part of the price? The preponderant opinion is that it is a rescission of the contract. However, if the value of the sold item decreased due to a defect, then the seller is permitted to drop a portion of the price commensurate with this decrease.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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