Q: I am aware that in Shari’ah, it is not permissible to charge anything for goodwill. However, I was told that if you attribute the same excess to the ‘shop fittings’ figure for example, it will now become permissible. Is this true? How can it be permissible when the purchaser, seller and the receiver are fully aware that this inflated figure is not a true reflection of the shop fittings figure?
A: When this amount is taken in lieu of the shop fittings then the seller has the right to sell his equipment at the price he wishes. Not being a reflection of the true value has not been taken into consideration. The Shari’ah has overlooked this. There are many examples for this practice. One such example is where you will buy a bottle of cooldrink in a normal shop for R10, and if the same was sold to you in a restaurant, they may charge you R30.
And Allah Ta'ala (الله تعالى) knows best.
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