Al-Iqalah (Cancelation of the Sale)

Al-Iqalah (Cancelation of the Sale) (Click Here To Download PDF)

Its Definition

Al-Iqalah  is the cancelation of the sale, abandoning it, returning the price to its owner and the merchandise to its seller. This is applied in case both or one of the two parties is remorseful.

Its Ruling

Canceling the sale and accepting the return of merchandise is a recommended act, when either of the parties’ requests to do so. This is due to the statement of the Messenger of Allah (saw):

“Whoever accepts the return of what he sold to a Muslim; Allah will forgive his fault.”

                  (Abu Dawud, Ibn Majah and Al-Hakim, who graded it Sahih)

And His (saw) statement,

“Whoever accepts the return of what he sold to someone who regretted the purchase, Allah will forgive his fault.”            (Al-Bayhaqi with a Sahih chain of narration.)

Its Regulations

The following are the laws related to the canceling of the sale and accepting back the merchandise:

1.      There is a difference of opinion as to whether accepting the return of merchandise is a cancelation of the former sale or it is a new sale. Ahmad, Ash-Shafi‘i and Abu Hanifah are the supporters of the first view, while Malik holds the latter view.

2.      Canceling the sale and accepting back the merchandise is permissible in sound and undamaged portions of merchandise when other parts of it are damaged.

3.      It is not permissible to increase or decrease the price in canceling the sale and accepting back the merchandise. Such a deal would not be considered Iqalah, but rather, it would be considered as a new sale in which all regulations of trading are applicable. The right of preemption would be considered, making a condition of possession concerning foods, and other things that are from the manner of selling and other transactions.