For the seller to take the deposit and not return it to the buyer if the buyer cancels the contract
Machine translationRead the Arabic original
The second question of Fatwa No. ( 21010 )
Q2: There are some clients and customers who wish to purchase or lease a specific property. The agreed-upon property is reserved without any condition or restriction, and a sum of money (a deposit) is paid for that purpose. It happens that the client-customer withdraws from the purchase or lease afterwards and demands the return of what he paid (the deposit). The issue here is: Is there any religious prohibition in refusing to return the amount and confiscating the deposit, given that this results in the property being unavailable, even if only for a short period, regardless of how small or large the amount paid is? It is known that the system and custom approve of this action to prevent being lax in the rights of others and hindering their interests.
A2: It is permissible for the seller to take the deposit and not return it to the buyer if the buyer cancels the contract, according to the most correct of the scholars' opinions; because this is established from some of the Companions; such as 'Umar (may Allah be pleased with him). If they agreed to this, or if it is the custom, then it is permissible to take it; because one of the established principles in the Shari'ah is that custom is considered in people's transactions, as long as it does not contradict the scriptural evidence. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q2: There are some clients and customers who wish to purchase or lease a specific property. The agreed-upon property is reserved without any condition or restriction, and a sum of money (a deposit) is paid for that purpose. It happens that the client-customer withdraws from the purchase or lease afterwards and demands the return of what he paid (the deposit). The issue here is: Is there any religious prohibition in refusing to return the amount and confiscating the deposit, given that this results in the property being unavailable, even if only for a short period, regardless of how small or large the amount paid is? It is known that the system and custom approve of this action to prevent being lax in the rights of others and hindering their interests.
A2: It is permissible for the seller to take the deposit and not return it to the buyer if the buyer cancels the contract, according to the most correct of the scholars' opinions; because this is established from some of the Companions; such as 'Umar (may Allah be pleased with him). If they agreed to this, or if it is the custom, then it is permissible to take it; because one of the established principles in the Shari'ah is that custom is considered in people's transactions, as long as it does not contradict the scriptural evidence. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.