چکیده:
Along with the progress of time، new and novel ways and mediums are devised to facilitate the cause of transaction. Some of these vehicles do not conform fully with Islamic fiqh. Therefore، it is the on Moslem jurists and lawyers to discover these cases، clarify Islam’s position and guide Moslems society. One of the instruments، the use of which has grown rapidly، is the credit card. The cardholder can cash any time or charge for the services and goods. In transaction with this instrument، numerous elements (parties) such as the card issuer، cardholder and service or goods provider parties are involved. The legal relations among these parties and their revenues and benefits have been subject to fiqhi debates and controversies Explaining the major theories with regard to the legal relations among the involved elements and the nature of revenues and benefits of each one of these parties، the paper argues for his favorite theory and points out the permissible and impressible transactions from contemporary Sunni jurists and lawyers’ viewpoints.
خلاصه ماشینی:
Dr. Mohammad Rawas Qal'aji, who is familiar with economics, jurisprudence, and Islamic law and is a professor at the Faculty of Sharia, University of Kuwait, examines the various dimensions of transactions with credit cards from the perspective of contemporary jurists and legal scholars, presenting his view argumentatively in each field.
can, through it, receive goods, services, and cash from someone who accepts transactions with the credit card, so that he (the issuer) is entitled to receive the price of goods, services, and the cash equivalent from the card issuer, and the cardholder pays the issuer at a future time.
The Sharia Committee of Kuwait Finance House, Al Baraka Association, Abd al-Sattar Abu Ghudda, Hassan al-Jawahiri hold this view and argue that the aforementioned fees are a service charge for the service provided by the credit card issuer so that the owner of the funds (the cardholder) can access their money whenever they wish.
The Sharia Committee of Kuwait Finance House and Hassan al-Jawahiri consider receiving such fees to be permissible and argue that these fees are an agency (wakala) fee for payment, meaning that the cardholder has appointed the card issuer as their agent to pay the price of the goods purchased via the card on their behalf, and the card issuer receives a fee for this agency, and receiving a fee in an agency contract is permissible.
This benefit that the card issuer receives from the merchant is actually the commission for receiving the price of the goods from the cardholder and paying it to the merchant.
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