QUESTION:
I purchased a vehicle. Thereafter, I came to know that the VIN number on the vehicle was cloned. The car was most likely stolen using the VIN number of another identical vehicle. At the time of purchase nothing looked suspicious, and only after taking the necessary precautions and checking that all paperwork was in order, was the deal finalized. Every avenue available to me, which was used to locate the original owner, has been in vain. Much time and money has been spent on this. In order to recover some of the money spent, the vehicle was sold at a loss of 25% of the original price. The purchaser was able to get some paperwork for the vehicle, though he also couldn’t locate the original owner.
My questions are as follows:
1. At the time, I was not able to accept Zakaah. So was it permissible for me to accept it as I am the owner and resell it?
2. If not, I humbly request some permissible and valid options for me to recover the money, as I genuinely don’t want to trade in the stolen goods market. The person who purchased the vehicle from me is a friend who will, Insha Allah, cancel the deal if necessary and return the car to me.
3. If some other probability comes up as a reason for cloning other than theft, will it be allowed?
ANSWER:
1. From the outset, it should be borne in mind that there are two dimensions to this query: one is the Shariah aspect of it, and the other is the legal aspect of it. According to the law, this is a police matter, and the vehicle should therefore be handed over to the relevant authorities. We therefore suggest that you do not sell the car nor keep it for yourself; rather, hand the car over to the police. The question of whether you are Zakaatable or not, will therefore not be applicable.
2.The possibility of gain and loss always exists in business. Allah Ta’ala will grant you plenty of Barakah elsewhere, and you will recover the funds lost, Insha’Allah.
3.At this stage, we cannot understand why the vehicle was cloned except because of theft. If there is another reason, then you may refer to the Darul Ifta, and we will consider the matter.
ALLAH TA’ALA ALONE KNOWS BEST!
ANSWERED BY:
Maulana Abdul Kader Fazlani
Date: 19 Shawwal 1445 / 29 April 2024
CHECKED AND APPROVED BY:
Mufti Mohammed Desai
