Selling expired goods
QUESTION:
Is it permissible for a Muslim-owned supermarket selling food items such as groceries, consumable stores etc. to sell expired goods?
ANSWER:
As per South African legislation, it is illegal for traders to sell expired food products to consumers. In November 2011, the NCC (National Consumer Commission) had warned retailers who sell expired products that should consumers suffer harm as a direct result of these products; the law will strictly be enforced.
In South Africa, we have the Consumer Protection Act (CPA) whose primary objective is to promote the social well-being of consumers and prevent their exploitation and harm. The act seeks to ensure that marketing practices are fair and responsible.
Section 22 and 24 of the act talk about consumer’s rights to proper disclosure of information; and section 55 focuses on consumer’s right to safety and good quality. This simply means that the consumer is entitled to be fully aware of the condition of the products being purchased by him as far as the expiry dates are concerned, as well as the quality of the product, whether it is safe for the consumer to eat such food products or not.
In conclusion, it is against South African law for traders to sell expired products on their shelves. Also, as stated above, the consumer is fully entitled to be made aware of the expiry date if the product has passed its expiry date.
Als per our research, we have found that expired food items could prove hazardous to one’s health. Food safety experts have reported that expired food items could lead to food poisoning which in extreme cases, could prove fatal, particularly amongst young children and elderly who have weaker immune systems. Furthermore, severe effects of food poisoning include serious health problems such as kidney failure, meningitis, etc.
Mufti Taqi Saheb (Daamat Barakaatuhu) has written that as a citizen of a country, one should abide by the rules and regulations of that country, particularly when the law of the country does not harm the Deen of a person. It is therefore necessary that businessmen conduct their business in such a manner that the teachings of Deen are upheld, whilst the laws of the country are not violated, especially when the laws of the country do not contradict the laws of Allah Ta’ala and His Rasul Salallahu Alaihi Wasallam. Obviously, if the law of the country tampers with the laws of Shariah, then there is no compromise whatsoever, and the laws of Shariah will enjoy preference over the laws of the country. In conclusion, it will not be correct for a Muslim trader to sell expired food products.
ALLAH TA’ALA ALONE IN HIS INFINITE KNOWLEDGE KNOWS BEST!
ANSWERED BY:
Mufti Mohammed Desai
Date: 19 Rajab 1445 / 31 January 2024