Is the tile manufacturer entitled to demand a price increase on the previously agreed-upon price, based on the rise in material costs, or must he adhere to the original price?
The transaction mentioned has two possibilities:
1. The buyer purchased a known quantity of tiles, paid part of the price, and the seller took possession of them and left them with him. This is a valid sale, and the seller has no right to retract it.
2. The contract was for tiles described but not yet specified, to be manufactured by the factory. This is a manufacturing contract (Istisna'), and it is permissible to defer the price or part of it. It is not permissible to retract the specification because it is a binding contract according to the Islamic Fiqh Academy, while some held it to be non-binding.
If the price of the tiles increased due to unforeseen circumstances that led to a significant and oppressive increase in manufacturing costs for the seller, the judge has the right to adjust the matter to remove the harm from the affected party.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/89468
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 89468
- 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