Is it permissible for an import-export company to request a sum of money in exchange for providing a specific product from a foreign manufacturer to a customer in Morocco, knowing that the customer is aware of the original cost of the product? And is this considered selling what the company does not possess, given that the company purchases the product with the customer's money, which it received in advance? Is it permissible for the company to take the full contract amount or half of it in advance as a guarantee? And is it permissible for the company to utilize this money in other trade?
If the goods are raw materials, the contract is a "forward sale" (bay' al-salam), and it requires the full payment of the price at the time of the contract. If the goods are manufactured, the contract is a "manufacturing contract" (istisna'), and it does not require the full payment of the price; it is permissible to pay it in advance, defer it, or pay it in installments.
The role you perform is called "parallel manufacturing" (istisna' muwazi), which is permissible, and there is no objection to increasing the price by a certain percentage over the original cost. However, an agency contract (waqala) is not valid in this transaction due to the difference between the nature of agency and the practical reality of the transaction.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/17833
- Source platform
- Ftawy
- Original fatwa ID
- 17833
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy