Having a haircut without fixing the price is not permissible
Question: What do the scholars of Islam say concerning this matter: Zaid had his hair cut by a non-Muslim barber but did not fix the price. After the haircut, Zaid gave the barber some money, and the barber took it without saying anything. My question is: is it correct to do this?
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
Answer: Having a haircut without fixing the amount is not permissible, because the principle is that when you take a permissible service from someone that is subject to compensation — for example, the service of having one’s hair done and the like — and the payment is not fixed, then to do so is not permissible. In such a case the standard amount (ujrat-e-mithl) must be paid; that is, whatever amount is standard in the market for such work shall be given. However, if the rates are already well-known, or both parties are aware of the rate, then it is not necessary to fix the rate each time. Nevertheless, in the above-mentioned scenario, the contract was made with a non-Muslim, so we shall not declare this act impermissible under any circumstance, since invalid contracts (Ꜥuqūd fāsidah) are permissible between a Muslim and a ḥarbi kāfir.
وَاللہُ تَعَالٰی اَعْلَمُ وَرَسُوْلُہُ اَعْلَم عَزَّوَجَلَّ وَ صَلَّی اللّٰہُ تَعَالٰی عَلَیْہِ وَاٰلِہٖ وَسَلَّم
The importance of fixing the price in a transaction:
Question: What do the scholars of Islam say concerning this matter: Zaid sold a mobile phone to Bakr in this manner — “if there is profit in my business it is for 60 Omani riyals, and if there is no profit it is for 100 riyals.” Bakr has paid 60 riyals; so far there has been no profit. What is the ruling on this sale?
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
Answer: Among the basic principles for the validity of buying and selling is that the price be known — that is, at the time of the contract the price must be stipulated. If a transaction takes place but uncertainty remains in the price, then Islamic Law declares this contract defective (fāsid). In the case mentioned above, the buying and selling carried out is not permissible, because uncertainty is found in the price, on account of which this contract is defective — that is, contrary to Islamic Law — and annulling it is necessary (wājib).
In Fatāwā Shāmī, among the conditions for the validity of a sale, it states:
وَمَعْلُومِيَّةُ الثَّمَنِ بِمَا يَرْفَعُ الْمُنَازَعَةَ
“And that the price be known in a way that precludes dispute.” [1]
In Bahār-e-SharīꜤat, the erudite Hanafi jurist, Mufti Amjad ꜤAlī al-AꜤẓamī رَحْمَةُ الـلّٰـهِ عَـلَيْه mentions that one of the conditions for the validity of a sale is: “Both the merchandise and the price must be known in such a way that no dispute can arise. If they are unknown in a way that could lead to a dispute, then the sale is not valid — for example, selling one goat out of this flock, or selling this item at the going price, or selling it at the price that so-and-so person states.”[2]
وَاللہُ تَعَالٰی اَعْلَمُ وَرَسُوْلُہُ اَعْلَم عَزَّوَجَلَّ وَ صَلَّی اللّٰہُ تَعَالٰی عَلَیْہِ وَاٰلِہٖ وَسَلَّم
Buying and selling toys in the shape of living creatures:
Question: What do the scholars of Islam say concerning this matter: nowadays toys in the shapes of various animals are available in the market for children, made of plastic, iron and brass. Is it permissible to buy these toys for children and for children to play with them?
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
Answer: In the above-mentioned case, buying these toys is permissible, and for children to play with them is also permissible; but one thing must certainly be kept in mind — that toys which contain the ill-omen of music should not be bought. In Radd al-Muḥtār, ꜤAllāmah Ibn ꜤĀbidīn al-Shāmī رَحْمَةُ الـلّٰـهِ عَـلَيْه writes concerning toys:
لَوْ كَانَتْ مِنْ خَشَبٍ أَوْ صُفْرٍ جَازَ
“If the toys are of wood or brass, then buying them is permissible.” [3]
Mufti Amjad ꜤAlī al-AꜤẓamī رَحْمَةُ الـلّٰـهِ عَـلَيْه, writes in Fatāwā Amjadiyya: “The sale of toys made from iron, brass and copper is permissible, for these things are māl mutaqawwim (something from which it is permissible to derive benefit).”[4]
At another place he writes: “It is established that their being images is not a reason for the impermissibility of the sale.”[5]
He further states: “As for the matter of giving these toys to children to play with, and children playing with them — this is not impermissible, because keeping an image in a house by way of honour is forbidden, not absolutely, nor when it is by way of disgrace.”[6]
وَاللہُ تَعَالٰی اَعْلَمُ وَرَسُوْلُہُ اَعْلَم عَزَّوَجَلَّ وَ صَلَّی اللّٰہُ تَعَالٰی عَلَیْہِ وَاٰلِہٖ وَسَلَّم
The ruling on buying and selling items bearing images:
Question: What do the scholars of Islam concerning this matter: what is the ruling on buying things on which pictures are printed — for example, soap and the like?
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
Answer: Buying the things mentioned in the question is, without doubt, permissible, because the buyer’s aim is to buy the item, not the picture. Just as Mufti Waqār al-Dīn رَحْمَةُ الـلّٰـهِ عَـلَيْه, explaining the ruling on buying and selling books containing images, states: “In the case asked about, selling these books is permissible, for this is the buying and selling of books, not of pictures. However, selling an image separately is forbidden (haram).”[7]
Note: It is binding upon the shopkeeper to avoid prominently displaying those items which bear pictures of women.
وَاللہُ تَعَالٰی اَعْلَمُ وَرَسُوْلُہُ اَعْلَم عَزَّوَجَلَّ وَ صَلَّی اللّٰہُ تَعَالٰی عَلَیْہِ وَاٰلِہٖ وَسَلَّم
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