What is the ruling on signing user agreements for entertainment software, which are not considered basic necessities, that refer to man-made law?
If programs include a void condition, such as arbitration by man-made laws, and the user needs them and knows that they will not be compelled to arbitrate, then it is permissible to sign the agreement. This is based on the of Barirah, where the Prophet (peace be upon him) allowed Aisha (may Allah be pleased with her) to agree to a condition that was outwardly void, as long as she would not abide by it. Sheikh al-Islam Ibn Taymiyyah held that the Hadith permits the buyer to enter into a contract with a void condition if the seller will not sell without it, and the condition does not harm the buyer because he will not be bound by it. However, if the user does not need the program, they should not download it or sign the agreement, unless the program is already on their device, in which case there is no harm upon them.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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