Is it permissible to stipulate taking the earnest money if the buyer backs out, and paying double the earnest money if the seller backs out of selling a store? And if it is not permissible, what is the ruling in case of disagreement?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
Withdrawing from a sale before its completion is a withdrawal from a promise that does not entail a financial right unless the promised party incurs damage, in which case a sum equal to the actual damage is estimated for them. However, if the sale is complete and part of the price has been paid as a deposit, the seller is not allowed to withdraw and must deliver the sold item, and the buyer must pay the remaining price. The buyer may release the seller [from the contract] in exchange for a sum paid to the seller along with the return of the deposit.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/64455
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 64455
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy