Egypt's Dar Al-Ifta has issued a fatwa addressing a query about the ruling on non-payment of the full agreed-upon price after completing work. The question pertains to an individual who agreed to pay 400 Egyptian pounds for making a car key, significantly higher than its actual worth of around 100 pounds. The individual paid 200 pounds and promised to send the remaining amount via an electronic wallet. Dar Al-Ifta emphasized that the agreement to manufacture the car key for a specified fee constitutes a valid contract.
According to Dar Al-Ifta, this contract can be classified as either an ijara (rental) agreement for work or a form of istisna (manufacturing contract). In both cases, the individual is obligated to pay the agreed-upon fee after the work is completed and delivered. The fact that the agreed-upon fee is higher than the usual rate does not invalidate the contract, as long as both parties agreed to it with full knowledge. The difference in price alone does not constitute a significant injustice that would affect the contract's validity.
The Islamic principle of upholding contracts is emphasized in the Quran, where it states, "O you who have believed, fulfill contracts." Dar Al-Ifta explained that valid contracts, which meet all the necessary conditions and requirements, are binding on all parties involved. All parties must fulfill their obligations and adhere to the terms they have agreed upon. This principle is fundamental in ensuring the stability and trustworthiness of transactions within society.
Dar Al-Ifta further elaborated on the concept of ijara, which is a contract for a specific service or benefit for a known fee. For such contracts to be valid, the service or benefit must be permissible, and the fee must be specified and agreed upon by both parties. The individual who requested the car key and agreed to the fee must honor their commitment, as the work has been completed and delivered according to the agreement.
The concept of ghabn (injustice or exploitation) in transactions was also discussed. Ghabn occurs when one party takes advantage of the other's ignorance or lack of knowledge about the true value of a service or commodity. However, in this case, the individual was aware of the agreed-upon fee and had the opportunity to negotiate or seek alternative options. Therefore, their promise to pay the remaining amount is binding.
Dar Al-Ifta cited various Islamic scholars and jurists who have discussed the principles of contracts and the obligations of parties involved. These scholars emphasize that once a contract is validly concluded and the agreed-upon work is completed, the parties must fulfill their obligations. Failure to do so without a valid reason would be considered a breach of contract and contrary to Islamic principles.
In conclusion, Dar Al-Ifta's fatwa emphasizes the importance of honoring agreements and fulfilling obligations in Islamic law. The individual in question is obligated to pay the remaining 200 pounds, as agreed upon, for the manufacture of the car key. This ruling underscores the significance of upholding the terms of valid contracts in Islamic jurisprudence.
Key points
- Individuals are bound by the terms of valid contracts in Islamic law.
- Agreed-upon fees for completed work must be paid in full.
- Awareness of the fee and agreement to it by both parties validate the contract.