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Subject : Buying Udhiyah or Aqiqah through Companies Involves Different Cases

Fatwa Number : 3855

Date : 21-01-2024

Classified : Aqeeqah, Udhihiah and other Slaughtered Animals

Fatwa Type : Search Fatawaa

Question :

What is the ruling of Sharia on purchasing Udhiyah or Aqiqah through private companies along with authorizing them to carry out the slaughtering and distribution?

The Answer :

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

Buying the Udhiyah (Sacrificial animal) or Aqiqah (Animal slaughtered for the newborn) where the customer pays its full price upon the conclusion of the contract. In this case, if the Udhiyah is owned by the company at the time of signing the contract, then this is permissible.

However, if the company does not own the item being sold, it is not permissible. This is due to the prohibition of selling what one does not own. Nevertheless, the transaction can be structured as a Salam contract (A contract of sale where the seller undertakes to supply some specific commodity to the buyer at a future time in exchange for a price fully paid in advance) where the commodity is delayed and the price is paid in advance.

In such a case, the company should specify in the contract the specifications of the Udhiyah, including its type, gender, weight, and location. For a valid Salam contract of an animal (Camels, cows, sheep, mules and donkeys), it is necessary to mention the type of the animal, its gender, age, color, and breed. This is because the purpose and value vary based on these factors, as mentioned in the book "Mughni al-Muhtaj" by al-Khatib al-Shirbini (Vol. 3/P. 19).

In conclusion, it is necessary to mention the age, type, gender, color, weight, and all other necessary specifications of the Udhiyah for the validity of the Salam contract if the company does not own it (Sale item). Alternatively, an initial agreement can be made, and when the company owns the sale item, an agreement can be reached to sell it to the customer. And Allah the Almighty knows best.

As for the agency contract, it is agreed upon based on the ownership of the customer for the sale item. And Allah the Almighty knows best.



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