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[Changing the Outward Appearance of Goods for Fear of Confiscation]

Mufti:
Alsayyed Muhammad b. Abdallah Awad Al-Muayyady
تاريخ النشر:
Fatwa number: 20053
Number of views: 5
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[Changing the Outward Appearance of Goods for Fear of Confiscation]
Fatwa number: 20053
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Question

Question: A man imported merchandise from Saudi Arabia to Yemen. This merchandise is exactly like that imported by the official agent; there is no difference between them. The manufacturer is the same, the size is the same, and the composition is the same; the only difference between the two is the agent’s name. This importer who brought it from Saudi Arabia fears that, if he displays this merchandise, it will be confiscated. Is it permissible for him to change the packaging/label to avoid that?

Answer

The answer—and Allah is the granter of success: If that entails no deceit of the purchaser, then there is no impediment. Importing through other than the official agent is permissible, and an agent’s preventing all goods not coming through him and seeking the state’s backing for that is forbidden in the Sacred Law; in doing so he is transgressing. He has no right to monopolize the market or to forbid importation except through him; this is a settled matter in the Sharia.
Moreover, importing through other than the agent carries a general benefit for all Muslims in the country, namely the availability of goods and lower prices.
Source: Min Thimār al-ʿIlm wa al-Ḥikmah vol.2

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