Ruling for tender transaction

Assalamualaikum warahmatulloh wabarokatuh,

I would like to ask about the transaction that usually held with tender process. This tender resembled an auction, but with a single buyer. As for auction, the single one is the seller.

In a tender process, usually the traders would offer the goods that were not belong to them yet (they haven’t owned it, but they have reached a deal with its owner). If they won it, they would buy the goods and deliver it to the buyer (they have paid the real owner beforehand). The end buyer would pay for the goods after it reached his place.

Is this transaction considered as selling the non-owned things, bearing in mind that the agreement was dealt before the goods were truly owned (thus, included as forbidden transaction)?

Or is it considered as transaction with credited payment, because the payment was due after the trader bought the goods and delivered it to the end buyer (the first deal was not considered as a part of the contract), thus, it is permissible to do?

Thank you.

Answer:

Wassalamu’alaikum wa rahmatullahi wa barakatuh

It is permissible to do a tender, as long as it fulfills the requirements below:

The trader/seller has owned the goods before joining the tender, or at least works as an agent/representative of the goods owner.

If the first requirement above is not met, then the buyer should pay the goods with cash payment in advance.
If the previous requirements are not met, then any party that join the tender process should merely act as intermediaries of goods supply with an agreed fee/honorarium.

Wassalamu’alaikum.

Syaikh Aris Munandar, MPI