Referring clients to car dealers that finance their vehicles through the banks
Question:-
1. Is it permissible to refer potential clients to a car dealership/car trader who will then sell cars on finance to them, through the bank? The other options include rent-to-own as well as trade-ins.
2. Is it permissible to promote sweepstakes such as “win a gift card or phone”, for a company in exchange for client information? Basically, the potential clients will enter their name and email address for a chance to win a gift card, or phone, or cash gift, and the company will have their information to market to them. In exchange, I am rewarded a few dollars.
Answer:-
1. We understand from your query that you simply refer a client to a dealership, probably in lieu of a fixed commission that was agreed upon between the car dealer and you. It is, however, unknown to you whether the client will be buying for cash, or arranging his own finance, etc. In such a scenario, there is no harm in referring the client to the dealership. If it is known with certainty, that the client will be applying for bank finance through the car dealership (which is Haraam due to it comprising of interest, insurance, and other related impermissible aspects), then it will not be permissible to refer the client to the dealership. Similarly, if the rent-to-buy agreement comprises of clauses that are impermissible in Shariah, and it is known with certainty that the client will be opting for the impermissible contract, then referring the client to the dealership will not be permitted.
2. We understand from your second query that a company pays a stipulated fee to an agent for requesting individuals to fill in their details and submitting it to the company. This is a separate arrangement between the company and the agent. The individual on the other hand is not required to pay any fee but stands a chance of winning a phone or gift card for submitting his details. The company then uses the details of these individuals to market their products to them. There is no issue with the above arrangement.
لِأَنَّ الْقِمَارَ مِنْ الْقَمَرِ الَّذِي يَزْدَادُ تَارَةً وَيَنْقُصُ أُخْرَى، وَسُمِّيَ الْقِمَارُ قِمَارًا لِأَنَّ كُلَّ وَاحِدٍ مِنْ الْمُقَامِرَيْنِ مِمَّنْ يَجُوزُ أَنْ يَذْهَبَ مَالُهُ إلَى صَاحِبِهِ، وَيَجُوزُ أَنْ يَسْتَفِيدَ مَالَ صَاحِبِهِ وَهُوَ حَرَامٌ بِالنَّصِّ، وَلَا كَذَلِكَ إذَا شُرِطَ مِنْ جَانِبٍ وَاحِدٍ لِأَنَّ الزِّيَادَةَ وَالنُّقْصَانَ لَا تُمْكِنُ فِيهِمَا بَلْ فِي أَحَدِهِمَا تُمْكِنُ الزِّيَادَةُ (رد المحتار، ج ٦، ص ٤٠٣)
وَلَا تَعَاوَنُوا: فِيهِ حَذْف إحْدَى التَّاءَيْنِ فِي الْأَصْل {عَلَى الْإِثْم} الْمَعَاصِي {وَالْعُدْوَان} التَّعَدِّي فِي حُدُود اللَّه (تفسير الجلالين ص: ١٣٥٥)
ALLAH TA’ALA KNOWS BEST!
ANSWERED BY:
Mufti Mohammed Desai
Date: 26 Shawwal 1444 / 17 May 2023