Sale is a binding contract

9-11-2009 | IslamWeb

Question:

AlSalamu Alikom,
I have accepted selling my apartment and got a deposit from the buyer. Now, I have changed my mind and do not want to proceed in the selling. From an islamic point of view can I cancel the selling and refund the deposit to the buyer? Or should I complete the process and transfer the ownership to the buyer?
Regards,
Imad
Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad sallallaahu `alayhi wa sallam ( may Allaah exalt his mention ) is His slave and Messenger.

 

Sale is one of the binding contracts which none of the contractors are permitted to cancel unless in cases of choice (to invalidate it) that are known in the Sharee’ah. Therefore, if you had not conditioned to have the choice in this contract, then you are not permitted to cancel it unless the buyer agrees to this effect.

For more benefit, please refer to Fatwa 91032.

Allaah Knows best.

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