QUESTION:
“PayJustNow allows you to pay for your purchase over three, equal, zero-interest instalments. You’ll pay one instalment at the time of purchase, the next at the beginning of the following month and the last one, a month thereafter. Your instalments will always be interest and fee-free as long as you pay on time. If you miss a payment, you have 24 hours to manually make a payment by logging into your account and going to the My Orders tab. We will email you a day before your payment to keep you updated on when we will collect your instalments. 3.2% plus R2.00 for card”
Please comment on the above method of making purchases.
ANSWER:
The Fuqaha (jurists) state that any transaction in which the exact amount is unknown is impermissible as this could lead to a dispute between the two transactors. Some of the current day scholars have written that if the unstipulated commission does not lead to a dispute, then it will be permitted. In your case, it is known that the lay-by company will be charging a commission of (3% to a maximum of 3.5% for example) when swiping the card on their machine (as a user charge). When the customer concludes his purchase, then the commission can be calculated at the maximum of 3.5% and the commission amount will be known, hence the transaction will be permitted. Also, the minor fluctuation will not result in any dispute in this instance.
لا يصح البيع إذا كان الثمن مجهولا كما إذا باع شيئا بقيمته (حاشية الطحطاوي ج ٣ص١٣)
والجواب عن الفساد للجهالة ان هذه الجهالة لا يفضي الي النزاع فكانت يسيرة وهي لا يفسد الاجارة والبيع (امداد الاحكام ص589 ج3)
ALLAH TA’ALA ALONE IN HIS INFINITE KNOWLEDGE KNOWS BEST!
ANSWERED BY:
Maulana Ahmed Saeed
Date:- 01 Rabi ul Aakhir 1445 / 17 October 2023
CHECKED AND APPROVED BY:
Mufti Mohammed Desai Saheb
