Violating The Terms of Service on a Website

Question: Is it forbidden to violating the terms of service on a website if it makes things easier for both the owner and the customers that use it?

Answer:

Wa alaykum assalam wa rahmatullahi wa barakatuh,

Dear questioner,

Thank you for your important question.

Yes, it is forbidden to violate the terms of service on a website even if it makes things easier for both the owner and the customers that use it. This is because the information the customers have added was only given on those terms.

The Prophet (peace and blessings be upon him) said, ‘Muslims are bound by the conditions that they stipulate’ (Abu Dawud). Khattabi explained this hadith by saying, ‘This is of the category of those things that Allah Most High has commanded be fulfilled in contracts’ (Maalim al Sunan, Khattabi).

Unless it is blatantly obvious that absolutely no one would care about a certain technicality in the terms of service, you have to assume everyone would mind the violation until proven otherwise. Please see:
https://seekers.flywheelstaging.com/answers/hanafi-fiqh/using-anothers-property-without-permission/
https://dev.seekers.flywheelstaging.com/answers/general-counsel/picking-fruits-from-trees-on-private-property/

I pray this helps.

[Ustadh] Farid

Checked and Approved by Shaykh Faraz Rabbani

Ustadh Farid Dingle has completed extensive years of study in the sciences of the Arabic language and the various Islamic Sciences. During his studies, he also earned a CIFE Certificate in Islamic Finance. Over the years he has developed a masterful ability to craft lessons that help non-Arabic speakers gain a deep understanding of the language. He currently teaches courses in the Arabic Language