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The question

What is the ruling on signing user agreements for entertainment software, which are not considered basic necessities, that refer to man-made law?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

If programs include a void condition, such as arbitration by man-made laws, and the user needs them and knows that they will not be compelled to arbitrate, then it is permissible to sign the agreement. This is based on the Hadith of Barirah, where the Prophet (peace be upon him) allowed Aisha (may Allah be pleased with her) to agree to a condition that was outwardly void, as long as she would not abide by it. Sheikh al-Islam Ibn Taymiyyah held that the Hadith permits the buyer to enter into a contract with a void condition if the seller will not sell without it, and the condition does not harm the buyer because he will not be bound by it. However, if the user does not need the program, they should not download it or sign the agreement, unless the program is already on their device, in which case there is no harm upon them.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
17382
Imported
Translation status
Source text, unreviewed
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