Hal Ehwal Riba Hukum Uptrend, Guna Debit & Gharge Card (English)

Hukum Uptrend, Guna Debit & Gharge Card (English)

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Mohamed Zakaria b Mohamed Ariff <zakaria@sricomm.com.my> wrote:

Assallammuallaikum Ustaz,

wa'alaikumussalam,

my answers are as as below, blue colour and italic :-

Alhamdulillah, I was given the opportunity to know a person of your talent. At the moment I have enrolled into a multi-evel marketing group called Uptrend. I need to know what is the hukum on this scheme?

Respond :

No comment on MLM called Up-Trend till now, because still do not have time to look at their scheme and makrketing strutcure. It is best for you to check by your self first by reading my article on MLM, refer http://www.zaharuddin.net/. If any of the prohibited elements are in the above said MLM, then, for sure that you can make a decision by yourself and need no more view from me.

Another question. I am interested and have purchased a debit card. The card only charges an annual fee. It is AMBANK  Mastercard. What is the hukum on this?

Respond :

As i understand, Debit Card characteristics are :-

a- The institution issues the card to a customer with available funds in his accounts.

b- The card confers on its holder the right to withdraw cash from his account or to pay for goods or services purchased up to the limit of the available funds ( credit balance) on his account . The debit to the customer's account will be immediately, and the card does not provide him with any credit.

c- The customer will not normally pay any charges for using this card, except when it is used to withdraw cash or to purchase another currency through another institution different from the institution that has issued the card.

d- The issuing institution may charge a fee for issuing the card, or may impose not charge for issuing it.

e- Some institution charge the party accepting payment by means of the card a commision calculated as a percentage of such payments.

SHARIAH RULING ON DEBIT CARD :

It is permissible for institution to issue debit cards, AS LONG AS THE CARDHOLDER does not exceed the balance available on his account and no interest charge arises out of the transaction. So it is permissible also for a person to get this kind of card with the same condition.

As for Charge Card,

Characteristics :-

a) The card provides a credit facility up to a certain ceiling for a specified period of time, as well as providing a menas of repayment.

b) The card is used to pay for goods and services and to obtain cash.

c) This card does not provide revolving credit facilities to the cardholder. insofar as the cardholder is obliged to make payment for the purchased goods or services by the end of a prescribed credit period following receipt of a statement sent by the institution issuing the card.

d) If the cardholder delays payment of the amount due, beyond the period of free credit, an interest charge is imposed on the cardholder. This is haram.

e) The institution which issuing the card does not charge the cardholder any percentage commission on purchases, but receives any percentage commission from the party accepting the card on purchases made by using the card.

f) The institution which issuing the card is obliged to pay the party accepting the card for purchases made by the cardholder, within a specified transaction credit limit (or agreed increase thereon).

g) The institution which issuing the card has a personal and direct right against the cardholder to be reimbursed for any payments made on his behalf. The issuer's right is absolute and independent of the relationship between the cardholder and the party accepting the card in accordance with the contract between them.

SHARIAH RULING ON CHARGE CARD

It is permissible to issue charge cards on the following conditions :-

1) The cardholder is not obliged to pay interest in case of delay in paying the amount due.

2) If the institution obliges the cardholder to deposit a sum of money as a guarantee and this amount is not available for the use of the cardholder, then it must be made clear that the institution will invest the money for the benefit of the cardholder on the basis of mudarabah and that any profit accruing on this amount will be shared between the cardholder and the instutition according to a specificied percentage.

3) The institution must stipulate that the cardholder may not use the crad for purposes prohibited by the Shariah and thatthe institution has the right to withdraw the card in case such a condition is violated. ( AAOIFI Shariah Standard)

4) The customer must not use it to purchase a gold jewelries, silver or any currencies which the delivery of the items are late then 3 days.

That's all.

Ust Zaharuddin Abd Rahman

23rd January 2007

4 Muharram 1428 H

Thank you. Wassalam.

P.s I only knew of your web site at a ceramah in Cheras on 19th January 2007.



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