*Buyer Protection?* ﷽ Inquiries have been raised concerning the ruling on buyer protection and the permissibility of utilising websites, platforms, or other entities that provide such services. At the outset, it's important to recognise that Islamic law fundamentally views trade and financial transactions as permissible, encouraging ethical and truthful business practices that are in line with its principles. Allāh ﷻ states in the Noble Qur'ān: ﴿وَأَحَلَّ ٱللهُ ٱلۡبَیۡعَ وَحَرَّمَ ٱلرِّبَوٰا۟ۚ﴾ “Allāh has permitted trade and has forbidden interest.” [2:275] The Messenger ﷺ said: ((أَطْيبُ الكسبِ عملُ الرجلِ بِيدِه، وكلُّ بَيْعٍ مَبْرورٍ)) “The best kind of earning is a man’s work with his own hands, and every (bayʿ mabrūr) righteous sale.” [Aḥmad (17265), Aṭ-Ṭabarānī (13939), and others, from the ḥadīth of Rāfiʿ ibn Khadīj and ʿAbdullāh ibn ʿUmar - may Allāh be pleased with them -. It was graded authentic by Shaykh al-Albānī in as-Silsilah aṣ-Ṣaḥīḥah (607)] Ibn Al-Jawzī remarked in his explanation of 'Al-mabrūr' (the righteous/blessed sale): “It is the one in which there is no doubt and no betrayal.” [Gharīb Al-Ḥadīth (1/65)] Prohibited forms of trade are essentially those in which wealth is taken or exchanged unjustly, in a manner contrary to the principles of Islamic law. Allāh ﷻ clearly warns against this in the Noble Qur’an: ﴿وَلَا تَأْكُلُوا أَمْوَالَكُمْ بَيْنَكُمْ بِالْبَاطِلِ﴾ “And do not consume one another’s wealth unjustly.” [2:188] Al-Baghawī said: "Meaning: do not let some of you consume the wealth of others unjustly, that is, in a way not permitted by Allāh. The root meaning of bāṭil (falsehood) is something that perishes or has no lasting reality. Consuming wealth wrongfully takes many forms: • It may be through seizure or force (ghaṣb, nahb) • Or through frivolous means, such as gambling or payment for singing and the like • Or through bribery and betrayal Meaning: in a way not sanctioned by Sharīʿah, such as the dealings they practiced in Jāhiliyyah like usury, ambiguous deals, gambling, and the like.” Maʿālim At-Tanzīl (1/210) Therefore, it is understood that any transaction which contradicts the principles and conditions laid down by Islamic law is impermissible to engage in. This brings us back to our question regarding buyer protection: Is it permissible or not? To address this question effectively, we must first establish an understanding of how buyer protection functions. Once clarified, we can then evaluate its mechanisms in light of Islamic legal principles to determine its permissibility or prohibition. What is buyer protection? Let’s consider Vinted, a well-known online platform where buyer protection is a mandatory feature for all transactions made through them. They say: "Making sure you’re protected while shopping on Vinted is one of our top priorities. That’s why when you buy an item using the Buy now button, you’ll be covered by Buyer Protection if your order doesn’t arrive, or if the item is damaged in transit or significantly not as described." Vinted’s Buyer Protection includes: 1. Protection of your purchases You can shop with peace of mind, knowing that we can refund you if your item: • Doesn't arrive • Arrives damaged • Is significantly not as described If one continues to read to the end, they add: Good to know The Buyer Protection fee is mandatory for every order made through Vinted, and is applied automatically at checkout. Source: https://www.vinted.co.uk/help/550-guide-to-buyer-protection?utm_source= From this, we understand that Buyer Protection, as described by Vinted, is a compulsory, paid service that functions like a consumer safeguard, ensuring either delivery of what was promised or your money back if things go wrong. It is not optional and is essentially built into the transaction. We also find that although the entire transaction is facilitated through the aforesaid platform, it essentially involves two distinct contracts: (a) A contract between the buyer and the seller (or retailer) on the platform, in which the buyer pays the price of the item being purchased. (b) A contract between the buyer and the platform provider, where the platform charges a fee in exchange for "protecting" the item or purchase. There is no issue with the first transaction between the buyer and the seller, even if the seller pays a fee to use the platform to list and sell their items. This is similar to someone renting a shop in a marketplace to conduct business, and there is nothing impermissible about that. However, the issue arises with the second transaction, where the buyer pays an additional fee to the platform in exchange for the protection of the item or commodity. This arrangement falls under what is termed Baiʿ aḍ-Ḍhamān maʿa al-ʿIwaḍ (the sale of guarantee in return for compensation). To further explain, the item/commodity in question may arrive safely or may be damaged, lost, or not delivered at all. Therefore, the transaction involves a financial payment to a third entity - for instance Vinted - for an uncertain outcome which is a fundamental violation of Islamic commercial principles. Since this transaction is founded upon gharar (excessive uncertainty) and resembles maisir (gambling), engaging in it is prohibited. This is the same underlying reason why conventional commercial insurance is also forbidden. Such arrangements are typically classified under maisir or qimār, both of which constitute forms of gambling under Islamic jurisprudence. Ibn Taimiyyah stated: "The term maisir (gambling), according to most scholars, includes playing with dice and chess, and it also encompasses sales involving excessive uncertainty (gharar) which the Prophet ﷺ forbade." "This is because such transactions share the essence of qimār (gambling), which is maisir, where a person’s wealth is at risk will he receive compensation or not? It is like someone buying a runaway slave, a stray camel, or the sale of the unborn offspring in the womb of an animal, and similar transactions where the outcome is unknown and may or may not materialise." "Accordingly, the term maisir in the Book of Allāh encompasses all of these. And what is narrated in Ṣaḥīḥ Muslim that the Prophet ﷺ forbade Baiʿ al-Gharar covers every sale involving risk and uncertainty, such as the sale of fruits before their ripeness is evident, or the sale of fetuses in the womb, and similar examples." "Likewise, the term ribā (usury) includes all that has been prohibited, such as ribā al-nasāʾ (deferred usury), ribā al-faḍl (usury of excess), and loans that bring benefit to the lender. The Qur’anic text encompasses all of these, but identifying the specific types and cases included in the text requires evidence and scholarly reasoning." Al-Fatāwā al-Kubrā (5/89) Another critical consideration is buyer protection consisting of ribā al-faḍl (interest through unequal exchange), since it involves paying a fixed fee while potentially receiving a larger reimbursement from the service provider, which constitutes an unjustified gain. If a problem were to arise, the compensation the buyer receives through the buyer protection would likely exceed the fee paid, since the fee is typically only a small fraction of the item's value. This, in essence, constitutes ribā al-faḍl (interest through unequal exchange). As an alternative to platforms that operate in this manner, there are options that either do not include buyer protection at all or allow users the choice to complete transactions without it. Some platforms offer built-in security measures without charging extra, while others leave it to the buyer and seller to manage trust and responsibility. There are also informal methods, such as in-person exchanges, which are void of tying users into potentially questionable terms. Here is a list of such platforms: Depop, Facebook Marketplace, Shpock, Gumtree, Preloved, and Nextdoor.* A simple and practical solution to this issue would be for platforms like these to implement a general service fee similar to a subscription model for access to their services, rather than mandating a buyer protection fee for each transaction. Additionally, it may be worthwhile to contact Vinted and similar platforms, requesting that buyer protection fees be removed or made optional at the buyer’s discretion. In this way, by Allāh’s will, users may continue to benefit from such platforms without feeling sinful or experiencing unease. To conclude, I encourage those who have the knowledge, skills, and resources to work together to develop and promote alternative platforms, ones that can serve the wider Muslim Ummah by preventing engagement in potentially problematic contractual terms that contravene Sharīʿah compliance. This, in shā Allāh, aligns with the ḥadīth: “And Allāh is in the aid of His servant as long as the servant is in the aid of his brother.” [Muslim (2699), from Abū Hurairah - may Allāh be pleased with him -] Shaykh ʿAbdul-Muḥsin Al-ʿAbbād said in his explanation of this ḥadīth: "This is a general statement and one of the comprehensive principles. It is among the concise, all-encompassing words of the noble Messenger ﷺ, which are not limited to a specific case but are broad and inclusive. Every form of help a Muslim offers to his brother results in Allāh, the Almighty, rewarding him by being in his aid. This means that whenever a person is in such a position and acts in this manner, his reward with Allāh is that Allāh will be in his aid just as he was in the aid of his brother." [Sharḥ Al-Arbaʿīn An-Nawawiyyah (3/32)] هذا، والله أعلى وأعلم Abū 'Aṭīyah 23/12/1446H. ___ *This is neither an endorsement of these platforms nor a limitation to them. They have been mentioned merely as potential, permissible alternatives for those who wish to continue engaging in trade. However, if it becomes evident that any of these platforms contain elements that contradict Islamic principles, they would then fall under the same ruling as any other prohibited mediums or platforms.