The ruling concerning importing and selling non-genuine spare parts | The official website of Sheikh Muhammad Ali FERKUS
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Thirsday 12 Rabî` Al-'Awwal 1442 H - October 29, 2020 G

Fatwa n° 439

Category: Fatwas about financial transactions – Selling

The ruling concerning importing
and selling non-genuine spare parts

Question:

I work in a store that imports and sells spare parts. However, the owners of the store, first, buy hard currency (Foreign currency) for a specific term. Also, the goods they trade in are a mixture of genuine and counterfeit goods that are packed in original packaging. Given that, they know that purchasing these currencies as well as selling these non-genuine goods is forbidden. Respectively, a brother has let me know that my talks with them do not constitute a proof, hence there must be an argument issued by a Scholar. So is this valid? Also does working for them imply that I am cooperating with them even if we come to an agreement that I will only sell the original goods? May Allah reward you.

Answer:

All praise is due to Allah, the Lord of the Worlds. Peace and blessing be upon whom Allah sent as a mercy to the Worlds, upon his Family, his Companions and his Brothers until the Day of Resurrection.

The operation of exchanging money without fulfilling the condition of reciprocal appropriation [of the merchandise] in the same setting is considered as Ribâ An-Naşî’a (delay usury) according to his saying صلَّى الله عليه وآله وسلَّم: “…and do not sell (gold or silver) that is not present at the moment of exchange (for gold or silver) that is present”(1)and his saying صلَّى الله عليه وآله وسلَّم: “If these classes differ, then sell as you wish if payment is made hand to hand ”(2).

On the basis of that, if the merchants engage in transactions only in this manner –let alone their dishonesty, since they sell counterfeit products as being original ones- in this case, working in this store is considered as cooperation with the owners in evil and aggression, and this is prohibited, in accordance with his saying عزّ وجلّ:

﴿وَتَعَاوَنُواْ عَلَى ٱلۡبِرِّ وَٱلتَّقۡوَىٰۖ وَلَا تَعَاوَنُواْ عَلَى ٱلۡإِثۡمِ وَٱلۡعُدۡوَٰنِۚ [المائدة: 2].

The meaning of the verse:

And cooperate in righteousness and piety, but do not cooperate in sin and aggression﴿ [Al-Mâ’ida: 2].

It is equally not permissible to even agree with them on selling only the original products without the counterfeited ones at the same store, since you already know about the ways they cheat and the ways they cooperate in devouring people’s money unjustly, even if it is only with silence and consent. Therefore, it is compulsory to stay away from sins and the people who commit them; the Messenger of Allah صلَّى الله عليه وآله وسلَّم said:“The true emigrant (Al-Muhâjir) is he who abandons all what Allah عزَّ وجلَّ has forbidden” (3), in another narration:“The true emigrant is he who abandons evil deeds” (4)He صلَّى الله عليه وآله وسلَّم said:“Be not a companion except of a believer, and let none eat your food except a righteous” (5)It is worth noticing that the consequences of earning money by means of unlawful ways are disastrous although the money is to be spent in different types of righteousness and ways of good deeds, in accordance with his saying صلَّى الله عليه وآله وسلَّم:“Whoever earns money from a sinful source then uses it to keep good ties of kinship, gives it in charity or spends it for the sake of Allah, then all that (money) will be gathered and thrown with him in the Hell” (6)We beg Allah for safety –For us and you- in this world and in the Hereafter.

The perfect knowledge belongs to Allah عزَّ وجلَّ; and our last prayer is all the praises and thanks are to Allah, the Lord of the Worlds, and prayers of Allah are to Muhammad and his Family, Companions and Brothers until the Day of Resurrection.

Algiers on Jumâdâ Al-Ûlâ the 1st, 1427 H.

Corresponding to May the 28th, 2006 G.

 


(1) Reported by Al-Bukhârî (2177) and by Muslim (1584) from the hadith of Abû Sa‘îd Al-Khudrî رضي الله عنه.

(2) Reported by Muslim (1587) from the hadith of ‘Ubâda Ibn As-Sâmit رضي الله عنه.

(3) Reported by Al-Bukhârî (10) from the hadith of ‘Abd Allâh Ibn ‘Amr رضي الله عنهما.

(4) Reported by Ibn Hibbân (196) from the hadith of Ibn ‘Umar رضي الله عنهما. This hadith is judged authentic by Al-Albânî in his book “Takhrîj ‘Kitâb Al-Îmân’ of Ibn Taymiyya” (03).

(5) Reported by Abû Dâwûd (4832) and by At-Tirmidhî (2395) from the hadith of Abû Sa‘îd Al-Khudrî رضي الله عنه. This hadith is judged authentic by Al-Albânî in “Sahîh Al-Jâmi‘ ” (7341).

(6) Reported by Abû Dâwûd in “Al-Marâşîl” (233) from the hadith of Al-Qâşim Ibn Mukhaymira. This hadith is judged Haşan (good) by Al-Albânî in “Sahîh At-Targhîb Wat-Tarhîb” (1721).