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Islamic Finance SeriesArticle #37 of 178

Ethical guidelines for entering into a sale contract in Shariah

The ethical requirements for traders in Shariah including the Maliki profit threshold (1/3 rule), full disclosure obligations, simplicity of conduct, avoidance of swearing, and documentation requirements.

ZA
Zain Arshad

Co-Founder & CTO, HalalWallet

Independently researched·No provider pays for placement·178 expert articles·About our editorial process

The ethical requirements for traders in Shariah including the Maliki profit threshold (1/3 rule), full disclosure obligations, simplicity of conduct, avoidance of swearing, and documentation requirements.

In-Depth Analysis

The Maliki Madhhab (school of thought) carried out certain research and analysis and recommended a maximum limit of 33% of the cost of goods as the reasonable profit to be taken from the buyer in the absence of any defined profit limit set by the Quran and Sunnah. This is the maximum recommended threshold by the Maliki scholars and it is not necessary that a trader must always add exactly the same ratio over and above the cost of goods as the profit. A trader can add profit below this boundary as well, or even sell the goods at a loss if the situation so warrants, or higher than this quotient. Also, this is the carefully crafted recommendation by a certain segment of the followers of Islam and is not a binding trading principle emanating from the Quran and Sunnah. Simplicity of conduct: The parties to a sale and purchase contract should not put conditions which are hard to comply with, or the seller should not demand exorbitant price and similarly, the buyer should not offer ridiculously low price with an intention to take advantage of a seller's weak situation. Prophet Mohammed said: 'God is merciful to the man who is easy when he sells, when he buys, and when he collects his debts.' Avoidance of swearing: A trader is urged not to swear in the name of God with an aim to persuade the buyer to enter the trade. This is considered highly disrespectful and unworthy of the pure and sacred name of God. Recurring charity payment: It is sought in Islam that a merchant should pay charity on a regular basis in order to redress for whatever wrongful conduct he may have committed during the course of trading. Prophet Mohammed said: 'O merchants, the devil and sins are present at (almost) each trade, so purify your trades with (regular payment of) charity.' Documentation: It is highly recommended in Islam that all contracts of deferred trade and all loans be written and witnessed so as to safeguard the interest of both parties. There is a clear instruction prescribed by God Almighty in verse 282 of chapter two in the Quran.

What You Need to Know

  • 1Maliki school recommends maximum 1/3 (33%) profit margin — guidance not binding rule
  • 2Full disclosure of cost and profit is required — no misleading the buyer
  • 3Prophet Mohammed: 'God is merciful to the man who is easy when he sells and buys'
  • 4Traders urged not to swear by God's name to persuade buyers — considered disrespectful
  • 5Regular charity recommended for merchants to atone for any trading shortcomings
  • 6Quran 2:282 — all deferred contracts must be documented and witnessed

Key Statistics

maliki profit limit33%
quran documentation2:282

U.S. Market Relevance

These ethical principles distinguish Islamic finance from conventional finance at a fundamental level. US Islamic financial providers should embody these ethics — full disclosure, fair pricing, and documentation — in their dealings with Muslim consumers.

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