Ruling on Transactions Without Mutual Consent in Islam
✒ Fatwa by: Saudi Permanent Committee for Islamic Rulings
Fatwa No.: 8859
❖ Islamic Principle: No Transaction Without Mutual Consent
Islam strictly prohibits all financial dealings that occur without the clear consent of both parties. This principle is rooted in the Qur’anic command:
﴾ يَا أَيُّهَا الَّذِينَ آمَنُوا لَا تَأْكُلُوا أَمْوَالَكُم بَيْنَكُم بِالْبَاطِلِ إِلَّا أَن تَكُونَ تِجَارَةً عَن تَرَاضٍ مِّنكُمْ ﴿
“O you who believe! Do not consume one another’s wealth unjustly, unless it be a trade conducted with mutual consent.”
— Surah an-Nisāʾ: 29
✔ Key Ruling:
➤ Any form of buying, selling, or exchange without the free will and approval of both parties is considered invalid (bāṭil) and haram.
⚖ Exception: Where Consent Is Not Required
There are limited situations where owner’s consent is not a condition, such as:
✔ Judicial enforcement of rights
✔ Court-ordered sale of mortgaged or pledged property
✔ Mandatory repayments involving debts or legal claims
⮞ In such cases, consent is overridden by legal obligation or judicial authority.
⚠ Warning Against Exploitation
This ruling protects against:
✘ Coercion
✘ Fraud
✘ Unjust enrichment
✘ Deception in trade or contracts
✅ Summary:
- ✔️ Mutual consent is essential for all voluntary financial transactions.
- ❌ Any transaction without approval of the involved party is impermissible.
- ⚖️ Exceptions apply in cases of judicial execution or debt-related enforcement.
