Question :
A question was asked regarding whether it is permitted for Muslims to accept free offers given by shops to advertise their products.
Fatwa in Brief: This is not permitted to
Muslims, as it is akin to gambling. And this [gambling]
is known to be prohibited according to Islamic law.
Shaykh Ibn Baz, Majmu‘
Fatawa wa Maqalat, 19/398
Response:
The free offers given to a
customer who buys a shop’s products are to be treated as
gifts (hiba), from the seller to the buyer. In
terms of the law, it is permitted (halal) to
accept such offers because the substances themselves are
not illegal and because we may consider them as bonuses
[literally: sales or discounts].
Commentary:
These offers are given freely
to customers that have bought a shop’s products. They
[the offers] may be connected to the products, stored in
the products’ cans/boxes, or offered to the customer
separately from them. Such factors depending upon the
quantity [and nature] of the products bought, and upon
other circumstances. These offers contain no harm. They
are gifts (hiba) from the seller to the buyer.
The jurists (fuqaha’) permit the acceptance of harmless
gifts [and this occasion fits within this category].
Legal principle dictates that it is permitted to accept
such gifts because they are not offensive to Islam.
Rather, they may be considered as deserved bonuses.
Also, there is no gharar in this, as people are
aware of the [nature of] the offer.
This method of advertising
one’s product may not be compared with gambling. There
are two kinds of prize that may be offered to someone
who buys a product: [first] money and [second] any other
form of gift. Through both kinds, the manufacturer seeks
to raise awareness of its product, and to encourage more
people to buy it.
This is very different from
the illegalities perpetrated by some companies who print
papers with specific numbers and sell these to people.
This is a lottery (yanasib), which is illegal (haram).
It is illegal because it is akin to gambling – people’s
money is taken in exchange for nothing, without any
legal justification, and at great risk. In contrast,
these free offers are not bought. Rather, a customer
pays for a specific product knowing that s/he will be
rewarded with a free extra gift. This, in turn,
encourages these customers to buy products from the
company.[1]
And God knows best.
Shaykh Ibn al-‘Uthaymin said:
Nowadays, companies award free offers for those who buy
their products. We say that there is no harm in this,
providing two conditions apply. First, the price of the
product must not have been raised to include the price
of the product offered alongside it. If the price has
been raised, the buying of this product [plus the ‘free’
gift] is deemed similar to gambling and is considered
illegal in Islam. The second condition is that the
person buying the product should do out of genuine need,
and not only for the sake of the free offer. For, in the
second instance, it is merely a waste of money.
[2]
[In this respect] We have heard of people who have
bought cartons of milk or cheese, which they have not
wanted, only for the prizes offered with these products.
He would buy the product and spill it in the market, or
even somewhere in the house; and this is not permitted.
It is a waste of money; and the Prophet (upon him be
peace) has forbidden us from wasting our money.[3]
And God knows best.
Dr. Anas Abu Shadi
[1]
Shaykh Ahmad Haridi, Fatawa Dar al-Ifta’ al-Misriyya,
no. 1068, 11th November, 1968.
[2]
See al-Bukhari, Sahih, 1477.
[3]
Muhammad Salih al-Munajjid, Fatawa al-Islam
Su’al wa Jawab, Part I, q. 12583, page 866.