Ruling on Transactions Without Mutual Consent in Islam
✒ Fatwa by: Saudi Permanent Committee for Islamic Rulings
Fatwa No.: 8859
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
➤ Any form of buying, selling, or exchange without the free will and approval of both parties is considered invalid (bāṭil) and haram.
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.
This ruling protects against:
✘ Coercion
✘ Fraud
✘ Unjust enrichment
✘ Deception in trade or contracts
✒ 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.
