Sunday, July 16, 2017

The Shariah rule on receiving ‘cashback’ from electronic wallets or payment wallets

The following is the translation of an answer by Ustadh Abu Khaled al-Hejazi, please refer to the Arabic original for exact meanings.


What is the rule on receiving ‘cashback’ from electronic wallets or payment wallets? Many of the electronic wallets give a cashback of 5% and sometimes even more upon using their wallets to make payments such as the electricity bill and so on, is this ‘cashback’ considered from Riba?
In addition to this when these electronic wallets are recharged, we receive more than the amount we recharge for. For eg, if we recharge the payment wallet for 100 Riyals we receive 110 Riyals in our electronic wallet, is this additional amount riba, this is while keeping in consideration the fact that these wallets are not banks.


The electronic wallet is a digital application which organizes payments digitally, and it includes a wallet which stores the users details in an encrypted form on the application or the server of the payment wallet company. The user of these wallets can receive and send money through the wallet and he can also make purchases and pay bills using the payment wallet.
There are certain important points which are related to the recharge of the payment wallet and payments using the payment wallet.
Firstly, upon payment of bills using the payment wallet, the user receives a discount of 5 to 10% on the value of invoice and this discount is known as cashback. And this discount is either from the payment wallet company and sometimes from the seller.
Secondly, when someone recharges a payment wallet account, he sometimes receives an additional amount on his wallet. So for eg, he recharges his account for 100 Riyals but receives 110 Riyals in his wallet.
Upon payment from the wallet the amount is transferred from the account of the sender to the account of the receiver and he can then convert the amount from the wallet to physical notes or transfer the amount to his bank through the payment wallet.
This is the reality of the payment wallets and the Shari rule on payment wallets is as follows
1. The reality of payment wallets is the reality of cheques and sukuk and the money stored in the payment wallets is similar to the money stored in a current account in a bank
2. Upon making payments using the payment wallet, if the payer receives a discount (cashback) from the ‘seller’ it is allowed.
This is because the prices of goods and services is decided by those who are transacting in it. Allah (swt) said
إلا أن تكون تجارة عن تراض منكم
only [in lawful] business by mutual consent.[TMQ Nisa:29]
So if the seller is ready to sell his goods or his services at a price lower than the market price then it is allowed. The principle in sale and trade is that it is ‘halal’ i.e ‘permitted’
Allah (swt) says
وأحل الله البيع
Allah has permitted trade [TMQ BAqarah:275]
3. Upon making payments using the payment wallet, if the payer receives a discount (cashback) from the payment wallet itself , then it is not allowed because this is discount or cashback is Riba. It is similar to the reality of a bank where upon depositing the money the depositor receives interest which is money received on money and this is Riba.
4. As for recharging the account for 100 and receiving 110 , this additional 10 Riyals that is received is considered from riba.
This Is because the 100 Riyals that is deposited in the payment wallet is deposited only for storing which the user would utilize upon his need and it is prohibited to pay an additional amount for storing an amount and it is considered as riba.
Allah knows the best.
Abu Khaled al-Hejazi

Q&A: Disposal of Haram Funds & Deceit in Trade

Assalamu Alaikum Wa Rahmatullah Wa Barakatuhu our Ameer, may Allah elevate you and bring victory to this Ummah by your hands.
If I may, I have two questions:
The first: In your Answer to the Question to a brother regarding stocks, you said in the Answer: If you give authority to your mother who is kaffir to sell the shares after you learned that they (stocks) are forbidden, in a certain period, then you must dispose of the profits of your shares in this specific period by spending them in the interest of the Muslims. What is the evidence that he should put it in the interest of the Muslims as long as he is not the owner of this money in the Shariah, how is it allowed for him to dispose of it?
The second question: I work in the field of selling vegetables as a peddler. I buy from the market that is about forty kilometers away from me. Sometimes I find a blemish in the commodity … It is customary that if the owner of the discount shop or the so-called “retailer” is asked to return an item because of the blemish, he will reduce the price of that commodity.  If I returned the item on the same day, the transport costs would probably cost me more than the price. Is this indemnity i.e. the difference in the prices of the not defected and defected commodities, discount that we are asking forbidden to take?
From Yusuf Abu Islam

Wa Alaikum Assalam Wa Rahmatullah Wa Barakatuhu
First: The answer to the first question on the disposal of Haram funds:
1- It seems that you were confused and assumed that our statement: “you must dispose of the profits of shares during these five months and use it for the benefit of Islam and Muslims.” meant charity, that is, that the man will get a reward in placing it in the interests of Muslims, but the issue is not so, we said “dispose of it”, that is, as if you have unwanted things in your home and you want to get rid of them, you undoubtedly take them and put them in the right place, that is, you do not take these items and throw them in the streets and say that you got rid of them, instead you will take them and dispose of them where it is suitable for them, and this means you will choose a place for these unwanted items without harming anyone and will choose the most appropriate place, isn’t that so. It is not reasonable to take these excesses and throw them in the way of people and cause them harm.
That is why we said that he should disposed of it and place in the interests of Muslims, and he must not take this money for example and throw it to the ground, or put it in the garbage container! My brother Yusuf, he must dispose of it in the most suitable place. But it is not charity that he is rewarded for. Ahmad extracted in his Musnad from Abdullah Ibn Mas’ood that he said, the Messenger of Allah ﷺ said: «… وَالذي نفسي بيده…لَا يَكْسِبُ عَبْدٌ مَالًا مِنْ حَرَامٍ، فَيُنْفِقَ مِنْهُ فَيُبَارَكَ لَهُ فِيهِ، وَلَا يَتَصَدَّقُ بِهِ فَيُقْبَلَ مِنْهُ، وَلَا يَتْرُكُ خَلْفَ ظَهْرِهِ إِلَّا كَانَ زَادَهُ إِلَى النَّارِ، إِنَّ اللَّهَ عَزَّ وَجَلَّ لَا يَمْحُو السَّيِّئَ بِالسَّيِّئِ، وَلَكِنْ يَمْحُو السَّيِّئَ بِالْحَسَنِ، إِنَّ الْخَبِيثَ لَا يَمْحُو الْخَبِيثَ» “… He who my soul is in his hand … a slave who earns money that is Haram, and spends from it will not get the blessing on it, and he will not be rewarded for giving from it in charity, and he what he leaves behind will be his provision for Hellfire. Allah does not erase the bad with the bad, but He erases the bad with the good. Evil does not remove evil.”
2- For further information, it was clearly narrated by some of the fuqaha that a person should spend Haram wealth according to the Shariah. They quoted as evidence what was narrated from Asim ibn Kulaib from his father about a man from the Ansar. He said: “We went out with the Messenger of Allah in a funeral, I saw the Messenger ﷺ on the grave advising the undertaker: widen before his legs, widen before his head, when he came back, he was received by a woman’s servant, and brought food, and he placed his hand on the food and the people followed, they ate, our fathers looked at the Messenger of Allah ﷺ while he was chewing a bite, he ﷺ said: «إني أجد لحم شاة أخذت بغير إذن أهلها» “This is a sheep’s meat taken without the permission of its people”, so the woman said: O Messenger of Allah, I sent to the Baqi to buy me a sheep, but he did not find one, so I sent to my neighbour -who bought a sheep – to send it to me for its price, but it did not happen, I sent to his wife, and she sent it to me, he ﷺ said: «أطعميه الأسارى» “Give it to the captives (feed them).”)
In other narration, the word used was more comprehensive than the word of the interests of the Muslims; they spoke regarding the areas of charity spending generally, such as: Giving it to the poor or building mosques because these things are areas of charity spending. This is the opinion of Hanafis: It was narrated in Hashiyat Ibn ‘Abidin (3/223), and Al-Maliki’s in Al Jami’ Li Ahkam Al Qur’an by Qurtubi (3/366).
Some scholars said to “spend it in the way of Allah” i.e. “Jihad”. It is one of the views of Shaikh Al-Islam Ibn Taymiyah, where he said in the “Majmoo’ Al-Fatawi”(28/401), (even if the man had obtained Haram money by his hand and could not return it to its owner for not knowing him, and so on… then he should spend it in the way of Allah, this is where it should be spent. The one with many sins the greatest remedy is Jihad; and the one who wants to get rid of Haram and seek repentance but cannot give back the money to it owners, then let him spend it in the way of Allah on behalf of its owners, because this is the way to good deeds that will be his salvation due to the reward of Jihad…). And there are many other narrations.

Secondly, the answer to the second question about your work in selling vegetables, and this is the text of your question:
I work in the field of selling vegetables as a peddler. I buy from the market that is about forty kilometers away from me. Sometimes I find a blemish in the commodity … It is a custom that if the owner of the discount shop or the so-called “retailer” is asked to return an Item because of the blemish, he will reduce the price of that commodity.  If I returned the item on the same day, the transport costs would probably cost me more than the price. Is this indemnity i.e. the difference in the prices of the not defected and defected commodities, or discount that we are asking forbidden to take?) End of quote.
The answer is that this is explained in “The Economic System in Islam” in the chapter of “Deceit in Trade” (English version, page 210/ Arabic version p. 193), it states:
(…A Muslim is not allowed to deceive in the commodity or the currency. Rather he has to show the defect in the commodity, and explain the forgery in the currency. He is not allowed to deceive in the commodity so as to circulate it or to sell it with a higher price. Nor is he allowed to deceive in the currency so that it would be accepted as a price of a commodity. This is because the prohibition of the Prophet ﷺ regarding that was decisive. Ibn Majah narrated from `Uqbah ibn `Amir from the Prophet ﷺ that he said: «المسلم أخو المسلم، ولا يحل لمسلم باع من أخيه بيعاً فيه عيب إلاّ بيّنه له» “The Muslim is the brother of the Muslim, and it is not allowed for a Muslim to buy a faulty thing from his brother without him being shown that fault.” Bukhari narrated also from Hakeem ibn Hizam from the Prophet ﷺ that he ﷺ said: «البيّعان بالخيار ما لم يتفرقا، فإن صدقا وبينا بورك لهما في بيعهما، وإن كتما وكذبا محقت بركة بيعهما» “The two traders (the seller and the purchaser) have the choice (to conclude or cancel the deal) before they departed (from each other). If they were honest and explained (the commodity and the currency) their sale will be blessed. But if they hid (the defect) and lied (to each other) the blessing of their sale will be eradicated.” The Prophet ﷺ also said: «ليس منا من غش» “No one of us is allowed to deceive”, as narrated by Ibn Majah and Abu Dawud from Abu Hurairah. And whoever earned something through deceit and cheating would not (legally) possess it, because deceit is not one of the means of ownership, rather it is of the prohibited means, and thus it (the thing obtained by deception) is a prohibited and illegal (Suht) property. The Prophet ﷺ said: «لا يدخل الجنة لحم نبت من سحت، النار أولى به» “Any (human) flesh that grows from illegal (suht) property will not enter paradise, then the Hellfire deserves it more”, narrated by Ahmad from Jabir ibn Abdullah. If fraud occurred, whether in the commodity or the currency, then the cheated person has the choice either to dissolve the contract or to carry it out, without more options. So if the purchaser wished to keep the defective commodity and take the indemnity i.e. the difference in the prices of the not defected and defected commodities, he has no right to do so, because the Prophet ﷺ did not allow the taking of the indemnity; rather he gave the choice between two matters: «إن شاء أمسك، وإن شاء ردها» “If he wished he could keep (the commodity) or return it back”, as narrated by Bukhari from Abu Hurairah.)
Therefore, if you find a defect in the commodity after purchasing it, then you have the option either to return it to its owner and take what you have paid for it, or to accept it … but you can not accept it and take the indemnity i.e. the difference in the prices of the not defected and defected commodities. As for the long distance between you and the market that you bought the items from, it does not affect the ruling. As in the Hadeeth, you have only one of two things: «إن شاء أمسك، وإن شاء ردها» “If he wished he could keep (the commodity) or return it back”, (as narrated by Bukhari from Abu Hurairah).

Your brother,
Ata Bin Khalil Abu Al-Rashtah
15 Shawwal 1438 AH
9/7/2017 CE
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The Aim of Turkish Military Intervention is to Stifle the Syrian Revolution and Eliminate It

There is no doubt that the Turkish regime had a prominent role in the events of Ash-Sham’s revolution at all levels; it was an effective tool of the Kaffir West to anesthetize the revolution from its inception as an introduction to eliminate it later; its role emerged in many areas to stifle Ash-Sham’s revolution and weaken the revolutionaries’ resolve and control their decision to serve the political solution that America wants. Since the beginning of your blessed revolution the Turkish regime worked to contain dissident officers and put them in camps similar to prisons in order to remove them from the arena of conflict so as not to benefit from their expertise. In addition it linked the factions’ leadership to it through a range of actions, of which most the important is the dirty political money, which greatly and effectively contributed to keeping them divided and fueling the fire of fighting between them, in addition to control them and their decision. The result of these actions is that the factions became tools of the Turkish regime that it moves according to its wishes; the handover of Aleppo to the tyrant of Ash-Sham and the attendance of the Riyadh Conference and its result thereof and the attendance of the Astana Conference and the resulting agreement on the areas of reducing tension and forming the so-called Euphrates shield to divert the point of conflict is but one of its fruits.
And today the Turkish regime continues its march in finishing off the revolution of Ash-Sham; the Turkish regime is preparing to enter the liberated areas in the province of Idlib and its countryside and the province of Aleppo, the last strongholds of the revolution and the most steadfast and firm. And this intervention is not a victory for the oppressed and the displaced, and not to stop the pure blood falls that irrigated the blessed land of Ash-Sham, which it bears responsibility for. It opened Incirlik Air Base, which allowed planes of the spiteful crusaders to launch from and discharge its anger on the people of Ash-Sham and reduce their bodies to fragments… We hoped that the Turkish army intervenes to defend the truth to eliminate injustice, deter the oppressors and establish the rule of Allah (swt), in which Islam and Muslims are victorious, but the blatant truths show the reality of the Turkish intervention and reveal the truth of the Turkish regime and reveal the falsity of its claims. Its intervention is only to serve the American political solution to eliminate Ash-Sham’s revolution and its sincere sons. So do not be fooled by the crocodile tears, and deceiving slogans, and observe the deceiving knife that will slaughter us, and their styles that hide behind humanity and dazzling words, which does not deceive anyone any more. This is the method of tyrants who want to deceive people, they decorate their misdeeds with their good words, and the symbol of the tyrants is Pharaoh who when was about to kill the Prophet of Allah, Musa (peace be upon him) claimed that he wants to fight corruption!
وَقَالَ فِرْعَوْنُ ذَرُونِي أَقْتُلْ مُوسَى وَلْيَدْعُ رَبَّهُ إِنِّي أَخَافُ أَنْ يُبَدِّلَ دِينَكُمْ أَوْ أَنْ يُظْهِرَ فِي الْأَرْضِ الْفَسَادَ
“And Pharaoh said, “Let me kill Moses and let him call upon his Lord. Indeed, I fear that he will change your religion or that he will cause corruption in the land.”
(Ghafir: 26)
O Patient Muslims in the land of Ash-Sham: We have vowed ourselves to be the leader who does not lie to his people, and the advisor who reveals to you the deceits and tricks of those who want to harm our Ummah, so that our ship will survive and reach its goals. All of us are in one boat; either we all live or we all die. Our only solution is to hold on tight to the rope of Allah and cut off the links with the Kaffir West, its agents and regimes, and to unite around a clear political project emanating from our Islamic creed and a conscious and sincere political leadership that base its actions on the commands of Allah (swt):
يَا أَيُّهَا الَّذِينَ آَمَنُوا اسْتَجِيبُوا لِلَّهِ وَلِلرَّسُولِ إِذَا دَعَاكُمْ لِمَا يُحْيِيكُمْ وَاعْلَمُوا أَنَّ اللَّهَ يَحُولُ بَيْنَ الْمَرْءِ وَقَلْبِهِ وَأَنَّهُ إِلَيْهِ تُحْشَرُونَ
“O you who have believed, respond to Allah and to the Messenger when he calls you to that which gives you life. And know that Allah intervenes between a man and his heart and that to Him you will be gathered”
(Al-Anfal: 24)

Media Office of Hizb ut Tahrir in Wilayah Syria
Sunday, 08th Shawwal 1438 AH
02/07/2017 CE
No: 1438 /022