A:
It is permissible
for the seller to take the down payment and not to pay it back to the buyer in the case of voluntary cancellation of the agreement by the buyer, according to the more correct of the two scholarly opinions. Actually, this view is authentically reported to be maintained by some Sahabah (Companions of the Prophet), including
`Umar (may Allah be pleased with him). Accordingly, if both parties agree or it is customarily established that the earnest shall be forfeited, it will be binding. This is because it is an established rule according to the Shari`ah that customarily agreed upon stipulations regarding transactions are enforceable so long as they do not conflict with a Shar`y (Islamic legal) text.May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.
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