Is it Valid to Sell Commissioned Artwork Without a Fixed Deadline?

Answered by Mawlana Ilyas Patel

Question

Is it valid to sell commissioned artwork when no fixed deadline is agreed upon, and payment is made either upfront or after completion? If no deadline is set, is it acceptable to give a flexible or approximate timeframe, such as “in a few weeks,” to avoid uncertainty?

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.

It is permissible to sell commissioned artwork in the above manner, provided the price is fixed and the item is fully specified and defined.

Istisna‘

Istisna‘, a Manufacturing contract, is a type of sale in which a commodity is sold before it comes into existence. It means ordering a manufacturer to produce a specific commodity for the purchaser.

If the manufacturer undertakes to manufacture the goods for him, the transaction of Istisna comes into existence. But it is necessary for the validity of Istisna that the price is fixed with the consent of the parties and that the necessary specification of the commodity (intended to be manufactured) is fully settled between them.

The Istisna‘ contract creates a moral obligation on the manufacturer to manufacture the goods. However, before commencing work, either party may cancel the contract by giving notice to the other party. However, after the manufacturer has begun work, the contract cannot be canceled unilaterally.

In Istisna‘, it is not necessary for the delivery date to be fixed. However, the buyer can set a maximum delivery time, meaning that if the manufacturer delays beyond that time, the buyer will not be obligated to accept the goods or pay the price.

It would be a good idea to study the rulings of trade and manufacturing contracts in particular. That way, you’ll be able to ensure that your dealings are all permissible. [Ibn ’Abidin, Radd al-Muhtar; Usmani, Fiqh al-Buyu‘]

Learn the Fiqh Before

It is an obligation upon every male and female after learning the din and about guidance to seek the knowledge of wudu, bathing, prayers, fasting, Zakat if one has wealth equal to the threshold or more, pilgrimage upon whom it becomes compulsory, sales and business, so one can prevent oneself from falling into doubtful and impermissible matters in all the transactions. [Ibn ‘Abidin, Radd al-Muhtar]

I would like you to read the valuable answers below. Insha’Allah, you will gain a deeper understanding of your question.

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I pray this helps with your question.
Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Faraz Rabbani

Mawlana Ilyas Patel has received a traditional education in various countries. He started his schooling in the UK and completed his hifz of the Quran in India. After that, he joined an Islamic seminary in the UK, where he studied secular and Aalimiyya sciences. Later, he traveled to Karachi, Pakistan, and other Middle Eastern countries to further his education. Mawlana has served as an Imam in the Republic of Ireland for several years and taught the Quran and other Islamic sciences to both children and adults. He also worked as a teacher and librarian at a local Islamic seminary in the UK for 12 years. Currently, he resides in the UK with his wife and is interested in reading and gardening.