Category: Business Matters
Fatwa#: 39376
Asked Country: Indonesia

Answered Date: Nov 17,2017

Title: Doubts related to illegally imported smartphone

Question

The Status Of Anything Derived From Illegally Imported Device

Bismillahirraahmanirrahiim ( بِسْمِ اللّٰهِ الرَّحْمٰنِ الرَّحِيْمِ )
Assalamu'alaikum wa rahmatullahi wa barakatuh ( السَّلَامُ عَلَيْكُمْ وَرَحْمَةُ اللّٰهِ وَبَرَكَاتُهُ )

I have a question regarding the status of anything derived from my smartphone, i've been following the rules (fatwa) from this website, and i'm now struggling to find halal income.

I'm using a chinese smartphone for my business, but then i realized that my smartphone is imported illegally, i didn't know or realize at the time i bought it. But since i have already downloaded alot of things and used it for my business, i become restless about the status of my income and the status of anything derived from my smartphone.

These are my questions.
1. Will i bear the sin of the seller because of this?
2. Can i still have my phone or should i throw it away?
3. What should i do with everything derived from my phone, any work that i've done, any income that i've got, is just because the seller illegally imported my phone then anything came from it became haram?

Please guide me.
Thank you very much.

Jazaakumullahu khairan ( جَزَاكُمُ اللّٰهُ خَيْرًا )

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

Respected Brother,  

The seller illegally importing smartphones should be differentiated from your usage of the smartphone.

The act of illegally importing smartphones is impermissible since it contradicts the laws of the land.[1] 

On the other hand, the usage of the smartphone is a separate from illegally importing and selling the cellphone.

You will not be held accountable for the illegal actions of importing and selling the cellphone.[2]

If your continuous usage of the phone is against the laws of your country and you may be penalized for the use of the cellphone, we advise you to get rid of the phone.

On the other hand, if it is not a punishable offence, you may keep your phone and continue using the cellphone.  

And Allah Ta’āla Knows Best

Saad Haque

Student Darul Iftaa
New Jersey, USA

Checked and Approved by,
Mufti Ebrahim Desai

 



[1] فتاوى عثماني (٣/٩٠)

فتاوي محمودية (٢٣/٤٨٦–٤٨٨) – کراچی

جديد فقهى مسائل (١/٢٥٣)

[2] وَلَا تَزِرُ وَازِرَةٌ وِزْرَ أُخْرَىٰ (٦/١٦٤)

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