Buying & Selling Mobile Phones Without Possession – Shar‘i Ruling ❖ Question:
A man purchased a mobile phone for Rs. 24,000 and intends to sell it for Rs. 30,000, although the phone is currently not in his possession. He plans to take some amount in advance and receive the rest in installments.
Is this method of sale permissible in Islam?
❖ Answer by: Fadhilat al-Shaykh Abdul Wakeel Nasir (حفظه الله)
It is not permissible in Shari‘ah to sell something that is not in one’s possession. This ruling is explicitly mentioned in a Hadith of the Prophet ﷺ.
❖ Hadith Evidence:
Narrated by Hakeem ibn Hizam (رضي الله عنه):
“I came to the Messenger of Allah ﷺ and said:
A man comes to me wanting to buy something I do not have,
so I purchase it from the market and then sell it to him.
The Prophet ﷺ said:
❝Do not sell what is not in your possession.❞”
Sunan al-Tirmidhi 1232❖ Shar‘i Principle:
Islamic law requires that:
✔ A person must first acquire and possess the item,
✔ Then he may sell it—whether in cash or on installments.
Selling something not in your possession is invalid.
❖ Application to the Current Scenario:
In the question, the mobile phone:
✖ Is not in the seller’s possession
✖ Yet he is planning to receive an advance payment and sell it on installments
⚠ This violates the clear command of the Prophet ﷺ:
“Do not sell what is not with you.”
Permissible Alternative:
If the seller first buys and takes possession of the mobile phone, then:
✔ He may sell it for a higher price
✔ He may sell it in cash or on installments
Both options are Shar‘i compliant after ownership and possession are established.
Summary:
✖ Impermissible:
Selling a mobile phone that is not yet in one’s possession, even with an installment plan
✔ Permissible:
First acquire the mobile, take full possession, and then sell it—whether in full or by installments
❝The Prophet ﷺ clearly said:
“Do not sell what is not with you.”❞
