Question:

What is the ruling of buffets?

Answer:

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

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

Transparency and specification of the particular subject matter is a pre-requisite for the validity of a transaction.  Jahālah Fāḥish (gross obscurity) in transactions is prohibited in Shari’ah. 

Abu Hurayrah raḍiallahu `anhū narrates,
“The Messenger of Allah ṣalalallahu `alayhi wasallam forbade transactions determined by throwing a stone and transactions which involved some uncertainty.” (Narrated by Muslim).[1]

Transactions with gross obscurity and uncertainty are prohibited by all of the jurists (Fuqahā’)[2]

Imam al-Qarāfī discusses seven places where obscurity (Jahālah) and uncertainty (gharar) can transpire in transactions:

1)    In the existence of a commodity
2)    In the acquirement of a commodity
3)    In the genus of a commodity
4)    In the type of commodity
5)    In the amount of the commodity
6)    In specifying when there are multiple commodities
7)    In the continued existence of a commodity in particular foodstuff[3]

However, when certain transactions become a customary practice and norm, the level of jahālah decreases and is overlooked. 

Imām al-Dasūqī rahimahullah states,
“Minimal uncertainty is that which people tolerate,”  (Ḥāshiyah al-Dasūqī)[4] .Furthermore, when an existing jahālah does not generally create discord or disharmony, it also weakens the influence of the jaḥālah on a transaction. 

A juristic objection raised against buffets is that at the time of transacting, no particular dish is specified.  This creates an element of obscurity as one pays having a number of options to select.  Despite buffets having a certain amount of obscurity and uncertainty, since the prices are fixed and usually the dishes are fixed, the obscurity is not gross.  Furthermore, such transactions are a customary practice which do not generally lead to disputes.  Hence, buffets are permissible.  This is also the opinion of Mufti Taqi Uthmani hafiẓahullah in his monumental work ‘Fiqh al-Buyu”.

One may argue that there is no obscurity at all since the transaction session can be regarded as one whilst one is in a restaurant eating.  Therefore, by the end of the transactional session, all the subject matters of the transaction will be known.[5] 
 
And Allah Ta’ālā Alone Knows Best
Mufti Faraz Adam,
www.darulfiqh.com
 
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