Launching an e-commerce platform
Question
What is the ruling on developing an e-commerce platform? A company specializing in digital platform development and design is tasked with developing a customized e-commerce platform for another company, under an agreement requiring the provision of the technology necessary to develop and operate the platform. The designing company’s role is strictly technical, encompassing the design of software architecture, user interface, content management tools, e-transaction systems, and any future updates and software modifications requested by the client, without any awareness of the nature of the products displayed on the platform.
The platform merely serves as an interface on which thousands of sellers promote their products, some of whom have listed prohibited items in their sections. The designing company has no control over product selection and management, and is not involved in shipping, storage, and other related processes. Its responsibilities are limited to regular software development at the client’s direction, on-time delivery, technical support for smooth platform operation, and troubleshooting. Is any of this considered prohibited in Islamic law?
Answer
The activities undertaken by the designing company are permissible in Islamic law if it has no knowledge at the outset that the merchants would use the platform for prohibited purposes. Ownership is transferred to the buyer upon sale, and any subsequent misuse is the buyer’s responsibility. However, if the company is aware at the time of sale that the buyer intends to use it for prohibited purposes, the sale is impermissible, as it constitutes assisting in sin.
It is permissible to provide post-sale technical support, unless the platform user is known to use their account for selling prohibited items, in which case providing support to them is impermissible. However, if your company provides technical support to the entire platform simultaneously, without distinguishing individual users, and only a few users are misusing their accounts, the company may offer such support without incurring any sin.
The objective of financial transactions in Islamic law
In Islamic law, financial transactions are legislated to benefit people and fulfill their needs in accordance with Allah’s commands and prohibitions which ensure fairness for each party to the sale and help prevent disputes and social discord. Allah says, “Allah has permitted trade and forbidden usury” (Quran, 2:275). This verse clearly shows that all types of sales are permissible except those specifically prohibited by Islamic law, such as those involving usury or other prohibited elements.
Ruling on the case in question
Modern transactions, such as those described in the question, involve two activities:
- Designing the platform and selling it to a particular client.
- Providing technical support to ensure the platform’s smooth operation and resolving any technical issues.
The design and sale of the platform to the client is, in principle, permissible when the pillars of sale are fulfilled: the contracting parties, the subject matter of the sale, and the contract formula. The necessary conditions — the parties’ legal competence and consent; that the object of the sale is usable, deliverable, owned, and clearly defined; the existence of offer and acceptance; and the absence of any nullifying or invalidating factors, such as uncertainty, ambiguity leading to disputes, or gross injustice — must all be satisfied.
It is established in Islamic law that a sale is impermissible if the seller is aware from the outset that the buyer intends to use the purchased item for prohibited purposes, in accordance with the Islamic principle that states, ‘What leads to a prohibition is itself prohibited.’ However, if the seller is initially unaware of the buyer’s intent, and the item can be used for both lawful and unlawful purposes, it is permissible to sell it. If, on the other hand, the transaction is completed and the seller subsequently learns that the buyer used purchased item for prohibited purposes, the seller bears no sin whatsoever, for the sin does not lie in the sold item itself, but in the purchaser’s use of it for something prohibited by Islamic law. Allah Almighty says, “And every soul earns not [blame] except against itself, and no bearer of burdens will bear the burden of another” (Quran, 6:164).
It is permissible to provide technical support for the platform to guarantee its smooth operation and the resolution of any emergent technical issues. This permissibility depends on whether the support is provided to a specific user or to the platform as a whole, including all who sell through it. Providing support to a specific user whose account is employed for prohibited purposes is impermissible, as it constitutes assisting in sin. Conversely, if the user does not engage in prohibited activities, providing support is permissible and carries no blame. However, if the support is provided to the entire platform, without singling out any user, and the number of users who use their accounts for impermissible purposes is minimal, as is the case mentioned in the question, providing support is permissible and the designing company bears no sin because the support is not directed at any prohibited activity.
And Allah the Almighty knows best.
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