Can I Tick the Over-18 Box in the Terms and Conditions Despite Being Underage?


Hanafi Fiqh

Answered by Mawlana Ilyas Patel

Question

If in the terms and conditions of a website, you need to be 18+ to use their platform/make an account, can you make an account if you are under 18? Does it make a difference if the account is used for financial services/to earn money? I have asked two scholars, one who said you can not lie in the T&C, but the other said it is fine since they are not affected by the fact you are under 18, and you will be using their services responsibly.

These terms and conditions are usually there just so they don’t collect data from minors, as well as so you can enter binding contracts. Will the money earnt be halal? Finally, what if they allow you to use it if your parents own the account- can I just make it since it’s effectively the same thing, even if my parents don’t know?

Answer

In the Name of Allah, the Most Merciful and Compassionate

I pray you are in good faith and health. Thank you for your question.

The purpose of the terms and conditions is to be over 18, along with accepting the conditions practically by reading the terms and ticking the box or implicitly by clicking the box. I understand you will follow the terms and conditions properly and responsibly, but it is still dishonesty.

Be Truthful

Abu Bakr (Allah be pleased with him) reported that the Messenger of Allah (Allah bless him and give him peace) said, “You must be truthful, for it is alongside righteousness and they are both in Paradise. Beware of falsehood, for it is alongside wickedness and they are both in the Hellfire. Ask Allah for wellness, for no one is given anything better after conviction than wellness. Do not envy each other, do not hate each other, do not cut each other off, and do not turn away from each other. Be servants of Allah as brothers.” [Ibn Maja]

I would like you to go through the valuable answers and links below. You will receive guidance and direction in sha Allah.

Check the related material here:
(277) 88 – Deception, Cheating, & Concern – Birgivi’s The Path of Muhammad Explained – Sh. Faraz Rabbani – YouTube
Violating The Terms of Service on a Website – SeekersGuidance

Why not begin your search for knowledge by signing up for a course on SeekersAcademy (seekersguidance.org)?

I pray this helps with your question.

[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Faraz Rabbani

Mawlana Ilyas Patel is a traditionally-trained scholar who has studied in the UK, India, Pakistan, Syria, Jordan, and Turkey.

He started his early education in the UK. He went on to complete hifz of the Quran in India, then enrolled into an Islamic seminary in the UK, where he studied the secular and Alimiyyah sciences. He then traveled to Karachi, Pakistan.

He has been an Imam in Rep of Ireland for a number of years. He has taught hifz of the Qur’an, Tajwid, Fiqh, and many other Islamic sciences to both children and adults onsite and online extensively in UK and Ireland. He was teaching at a local Islamic seminary for 12 years in the UK, where he was a librarian and a teacher of Islamic sciences.

He currently resides in the UK with his wife. His personal interest is the love of books and gardening.