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Islamic Law of Transaction – Ethical Considerations in Sales: Avoidance of Excessive Profits
Questions and Answers
Question 1: What is one important ethical principle in Islamic sales?
One important ethical principle in Islamic commercial law is:
The avoidance of excessive profits and unfair exploitation of buyers.
Islam encourages fairness, honesty, and moderation in trade.


Question 2: Does Islam completely prohibit making profits?
No. Islam permits traders to make reasonable and lawful profits because:
  • Business involves risk,
  • Traders invest effort and capital,
  • Profit motivates economic activity.
However, profits must not become exploitative or oppressive.


Question 3: Why does Islam prohibit excessive profits?
Excessive profits may involve:
  • Exploitation,
  • Deception,
  • Unfair advantage,
  • Economic injustice.
Islamic law seeks to protect consumers from being manipulated or pressured into unfair transactions.


Question 4: What did the Mālikī scholars consider excessive profit?
Mālikī scholars considered excessive disadvantage to occur when the seller gains a profit of:
One-third (1/3) or more above reasonable value.
According to them:
  • A profit rate of one-third or less is generally acceptable,
  • Profits exceeding that amount may become unethical or invalid if exploitation exists.


Question 5: Why is moderate profit allowed in Islam?
Moderate profit is allowed because:
  • Trade cannot survive without profit,
  • Sellers need compensation for effort and risk,
  • Markets naturally involve negotiation and price variation.
Islam balances:
  • Commercial freedom,
  • Ethical responsibility,
  • Consumer protection.


Practical Application Using USD Transactions
Case Scenario 1: Reasonable Profit
Hassan buys a smartphone wholesale for USD 600 and sells it for USD 750.
Practical Application
This transaction is generally permissible because:
  • The profit is moderate,
  • The customer willingly agrees,
  • No deception or pressure exists.
The seller earns lawful income while the buyer receives a useful product.


Case Scenario 2: Excessive Exploitation
A shopkeeper purchases emergency medical masks for USD 2 each during a natural disaster and sells them for USD 40 each to desperate customers.
Legal and Islamic Analysis
Although profit is technically earned, the seller:
  • Exploits public hardship,
  • Takes unfair advantage of necessity,
  • Violates Islamic ethical principles.
This may be considered unethical and potentially unlawful in Islamic law.


Critical Analysis
Question: Why does Islam permit profit but prohibit exploitation?
Islam recognizes that:
  • Commerce requires incentives,
  • Traders deserve compensation,
  • Markets depend on exchange and entrepreneurship.
However, unrestricted greed harms society by:
  • Increasing inequality,
  • Exploiting vulnerable people,
  • Destroying trust in the marketplace.
Islam therefore promotes a balanced economic system based on justice and compassion.


Question: How do modern businesses apply this Islamic principle?
Modern Islamic business ethics encourage:
  • Fair pricing,
  • Honest advertising,
  • Consumer protection,
  • Transparency in pricing structures.
Businesses are discouraged from:
  • Price gouging,
  • Monopoly abuse,
  • Manipulating shortages for extreme profits.
This principle remains highly relevant in modern global markets.


Solved Case Scenario
Problem
Farid buys gaming consoles for USD 500 each. During a major shortage, he sells them online for USD 2,500 each, targeting desperate buyers.
Legal and Islamic Analysis
The transaction may involve:
  • Excessive profit,
  • Exploitation of scarcity,
  • Harmful market manipulation.
According to Islamic ethical principles:
  • Profit itself is lawful,
  • But taking unreasonable advantage of public need is discouraged or prohibited.
The Mālikī approach would likely question whether the excessive markup constitutes unfair exploitation.
Solution
Farid should:
  1. Set fairer prices,
  2. Avoid exploiting shortages,
  3. Conduct business ethically.
Islam encourages social responsibility alongside commercial success.


Summary
Islamic commercial law permits lawful profit but prohibits excessive exploitation and unfair advantage. The Mālikī scholars considered profits beyond one-third potentially excessive when they harm buyers or involve exploitation. Ethical trade in Islam is based on moderation, fairness, honesty, and social responsibility, ensuring that commerce benefits both individuals and society as a whole.

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