Prayer TimesA deposit (képilaqsha) refers to paying a portion of the price in advance when buying an item or renting property. If the purchase goes through, the deposit is counted toward the total price. If the buyer does not complete the purchase, the deposit remains with the seller.
The deposit serves as a guarantee that the buyer will complete the transaction and not purchase the item elsewhere. It also confirms the buyer’s serious intent to buy the item.
Maliki, Shafi‘i, and Hanafi scholars do not consider this type of contract valid, as it is seen as taking someone’s wealth without due right or compensation. The Prophet (ﷺ) forbade such transactions (Ibn Majah).
However, Ahmad ibn Hanbal permitted this contract and cited the following hadith as evidence:
“Nafi‘ ibn ‘Abd al-Harith bought land in Mecca from Safwan ibn Umayyah for 4,000 dirhams, on the condition that if ‘Umar approved, the sale would go through; if not, Safwan would keep 400 dirhams.”
(Bukhari). When ‘Umar ibn al-Khattab (may Allah be pleased with him) heard of this, he did not object. Ahmad ibn Hanbal also considered the earlier hadith that prohibits such contracts to be weak.
Contemporary scholar Zuhayli stated: “Nowadays, it is common to use deposits as compensation for breaking or delaying a contract. In my view, based on custom, this contract is valid and transactions involving deposits are permissible, since the hadiths declaring them halal or haram are not all authentic.” (Al-Fiqh al-Islami wa Adillatuhu, 4/485). Accordingly, the Kuwait Finance House issued a fatwa in line with Ahmad ibn Hanbal’s opinion (Al-Fatawa al-Shar‘iyyah fi al-Masa’il al-Iqtisadiyyah, Compilation 1979-89, pp. 31-33).
Furthermore, at its eighth session, the International Islamic Fiqh Academy issued the following resolution regarding deposits in sales:
“If the deposit is set for a specific period, and the buyer completes the purchase within that time, the deposit is counted toward the price. If the buyer fails to do so within the agreed period, the deposit remains with the seller.” (Islamic Fiqh Academy Journal, No. 8, 1/641).
Given the prevalence of fraud and irresponsibility in today’s financial dealings, the Council of Scholars of the Spiritual Administration of Muslims of Kazakhstan (SAMK) issued the following fatwa: “If the buyer does not complete the purchase, the seller may keep the deposit. The deposit is determined by mutual agreement and is considered part of the price.”
Hasan AMANQUL
This content was drafted with AI assistance and reviewed by an editor.