Fatwa: Existence of Damage, Deficiency or Otherwise

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1. Fatwa Database https ://islamicmarkets.com/publications Topic: Existence of Damage, Deficiency or Otherwise A client approached the Kuwait Finance House to purchase some goods for him, and Kuwait Finance House has purchased the goods. After possessing the goods and receiving the documents, a sale contract has been signed. When the client cleared the goods he discovered that they are defective. Question:  How could the damage be treated bearing in mind that the sale contract has been concluded on the assumption that the goods are complete/consistent.  Is there any correlation between the Kuwait Finance House receiving a compensation from the insurance company or not, and settling the matter with the client considering that according to the contract the first installment becomes due after a week? Answer: According to Shariah opinion, in cases of partial damage to contracted goods, the value of the damaged commodities shall be deducted from the price according to the percentage between the complete price and the entire quantity of the contracted goods. There is no relationship between the sale contract signed with the client and the insurance agreement which has been concluded between the Kuwait Finance House and the insurance company as well as, whether or not compensation has been attained before or after negotiating with the client. There are in fact two independent transactions: Such goods may not be sold on Murabaha since it is impossible to know its original price whereby the sold commodity may be rejected after having seen the damage based on the first price. Compiled & Classified By: Dr Ahmed Mohieddin Ahmed Source: Reviewed by: Dr Abdul Sattar Abu Ghuddah Kuwait Finance House, Book of Fatwas in economic issues, Parts (1), and (2), Fatwa No.(307).