The ruling on demanding sweet in the name of the registry of a plot

Darulifta Ahlesunnat

(Dawateislami)

Question

    What do the scholars of Islam and Muftis of the blessed Shari’ah guide regarding the matter that we sell a plot, house, etc. and make a commitment to do its registry later. Then, when the registry is demanded, we receive some amount of money from the buyer in the name of sweet. The question is that is it permissible for us to receive such amount in the name of sweet or not?

    Note: The questioner has cleared that if someone does not give the money, then they delay registry. And only after receiving the money, they perform the registry.

بِسْمِ اللہِ الرَّحْمٰنِ الرَّحِیْمِ

اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ

    Giving some amount in the name of sweet for getting registry for the buyer is to get his work done. Anything given to get work done is a bribe. Hence, anything that is given or taken for the purpose of the registry comes under the context of a bribe and the one who takes it is sinful in any condition. Similarly, if the one who gives it is not forced and hopes to receive what is his right i.e. registry without paying any amount of money, although he gets it late, yet he gives it to get his work done early or to maintain a relationship so that it becomes easy later on, then the one who gives it is also sinful. However, if he is forced, such that he does not hope to get his right without giving money whether early or late, then in this condition of being forced, giving something comes under the context of getting rid of cruelty from him. Hence, he will not be sinful in this case.

وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہ اَعْلَم صَلَّی اللّٰہُ تَعَالٰی عَلَیْہِ وَاٰلِہٖ وَسَلَّم

Answered by : Abu Muhammad Sarfaraz Akhtar ‘Attari

Verified by : Mufti Fuzail Raza Attari