What is the ruling on the following methods of buying and selling: 1. Selling the products of a foreign factory as an exclusive agent after purchasing them; is this considered selling what I do not possess, even though I am the exclusive agent? 2. Buying goods from the market and selling them to a customer at a higher price without informing him of their original price, and what is the ruling on taking an advance payment in this case? 3. Contracting to supply, install, and operate engineering systems and taking an advance payment, then purchasing the raw materials and executing the project?
There is no objection to the described scenarios if they are free from deception, fraud, or misleading the buyer about the reality of the situation.
In the first scenario, you do not own the goods, so it is not permissible to contract on them as if you are their owners. The solution is to agree with the buyer on a commission, or to obtain a promise from him to purchase with a "seriousness guarantee" (an amount that is refunded if the purchase is not made, and from which only the amount of damage is deducted in case of reneging), or to contract through bay' al-salam (paying the full price at the contract session for described goods to be delivered at a known future date). If the goods are to be manufactured, then an istisna' (manufacturing) contract is permissible, by taking the full price or part of it, then requesting the manufacturer to produce them.
In the second scenario, what the customer gives you before the transaction is a seriousness guarantee, which is returned to him if the contract is not concluded, and is considered part of the price if it is.
The seller's statement: "Consider these goods as your goods, but first buy them from me and then sell them," is permissible; either you buy them and own them then sell them, or the owner appoints you to sell them for a commission.
The third scenario is an istisna' contract, which is permissible if the Sharia controls are observed.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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