Is it permissible to agree to the terms and conditions of computer programs that include arbitration according to the laws of a foreign, infidel country in case of dispute, given that these laws are unknown and disliked, and there is no intention to resort to them except in cases of extreme necessity?
It is not permissible to resort to man-made courts except out of necessity, with the heart detesting it, and taking only what is due without excess. Computer programs that include corrupt conditions are not binding if they are not read until after purchase, or if the conditions were presented at the time of the contract and one was compelled to deal with them, intending not to commit a violation that would necessitate litigation. This is supported by the hadith of Barirah, which allowed Aisha to agree to a void condition that she was not obligated to fulfill, for any condition not in the Book of Allah is void. A person may enter into transactions that include corrupt conditions if they are needed, and if he knows, or believes it highly probable, that he will not be bound by them.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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