Written by: Fatāwā of the Saudi Fatwa Committee
Selling goods with the condition that “they will neither be returned nor exchanged” is not permissible, as this condition is invalid. This stipulation carries the risk of harm and concealing the reality of the item. By placing such a condition, the seller essentially imposes an obligation on the buyer to keep the product, even if it contains a defect.
Such a condition does not absolve the seller from responsibility in the case of a defect in the item. If the purchased product turns out to be defective, then it is the duty of the seller to either replace it with a sound item, or compensate the buyer for the defect (i.e., a deduction in the price), since the full price is accepted in return for a faultless product.
A seller who accepts the full price for a defective item is charging unlawfully. Moreover, in Islamic jurisprudence, customary conditions (عرفی شرط) are treated as equivalent to explicit verbal conditions. It is customarily expected that goods sold are free of defects. Thus, if a defect is discovered, the buyer becomes entitled to return the item. This customary understanding of defect-free goods is treated as a valid condition, equivalent to a stated term.
[Al-Lajnah al-Dāʾimah: 13788]
✦ Ruling on the Phrase: “Purchased Goods Will Not Be Returned or Exchanged”
Selling goods with the condition that “they will neither be returned nor exchanged” is not permissible, as this condition is invalid. This stipulation carries the risk of harm and concealing the reality of the item. By placing such a condition, the seller essentially imposes an obligation on the buyer to keep the product, even if it contains a defect.
Such a condition does not absolve the seller from responsibility in the case of a defect in the item. If the purchased product turns out to be defective, then it is the duty of the seller to either replace it with a sound item, or compensate the buyer for the defect (i.e., a deduction in the price), since the full price is accepted in return for a faultless product.
A seller who accepts the full price for a defective item is charging unlawfully. Moreover, in Islamic jurisprudence, customary conditions (عرفی شرط) are treated as equivalent to explicit verbal conditions. It is customarily expected that goods sold are free of defects. Thus, if a defect is discovered, the buyer becomes entitled to return the item. This customary understanding of defect-free goods is treated as a valid condition, equivalent to a stated term.
[Al-Lajnah al-Dāʾimah: 13788]
