Dr. Monzer Kahf, a prominent economist and counselor states: “In my opinion, this condition, as stated, is invalid in Shari’ah. That leaves it open that it is not permissible to sell it and use it. This condition contradicts the essence of the sale contract because when one purchases a product, they become an owner, and the seller has no right whatsoever to restrict the authority they have over the buyer’s property. On the other hand, it is certainly permissible for the seller to preserve it copy rights and there are several other means to do so such as giving a book for example on a loan basis (it can do that by charging a high amount at the beginning [that consists of a rental premium and a deposit] provided that it refund to you the deposit when you return the book). We have the famous case when ‘A’isha bought a slave woman to free but the seller (knowing that she wants to free her) made the condition that the slave’s allegiance should be to the seller and the Prophet, pbuh, told ‘A’isha what means: it is ok let them put this condition, it is not valid any way! The principle is: any condition that violates the natural outcome of a contract is invalid.”
Buying a product on condition of not selling it
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