Fatwa: # 19717
Category: Financial Transactions
Country: India
Date: 18th January 2012

Title

Is it permissible to use the special benefits of a sim card?

Question

Can I purchase a sim card from my friends friend who is a distributor in that sim company? My question is that I will get special benefits from that card which are given to only distributor by that company as I will purchase the card but the document required are submitted of my friends friend.

What that means is that I will use the card which the company will assume that it is used by the distributor as my document are not submitted. The benefits include: Like free calling within the same network and so on.

Please tell me can I use such sim card.

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu `alaykum wa-rahmatullāhi wa-barakātuh. 

Our understanding of your query is: “Is it permissible to use a sim card which has special benefits only awarded to the distributor of the sim card?”

Hereunder is our response to your query:
 

1. Your friend’s friend is a wakeel (agent) on behalf of the company.     

2. In principle, an agent is bound to abide by the terms and conditions of the contract with the company.[1]

3. If your friend’s friend sells the sim card with the added benefits to you, he will be violating his contract with the company which is incorrect. 

4. We would advise you to rescind the special benefits which are only awarded to the sim card distributor.

As Muslims, we are thought to display proper financial ethics in the economic strata.

If the company finds out about your deceptive method of using the special benefits, you may disgrace yourself. 

Rasulullah (Sallallahu Alayhi Wa Sallam) said:

لا ينبغي لمسلم ان يذل نفسه

“It is not appropriate for a Muslim to debase/disgrace himself”

(Tirmidhi, 50/2, Kitaabul Fitan, Rasheediyyah)

Furthermore, you will be creating a bad impression about Islam and Muslims.

And Allah knows best.

Ismail Desai,
Durban, South Africa
Student Darul Iftaa

 

Checked and Approved 
Mufti Ebrahim Desai

daruliftaa.net



1 الاصل في الوكالة الخصوص.تنوير البصار و جامع البحارللتمرتاشي.كتاب الوكالة.فصل لا يعقدالبيع و الشراء.525/5.كراتشي.

قَالَ فِي جَامِعِ الْفُصُولَيْنِ: الْوَكَالَةُ تَقْبَلُ التَّخْصِيصَ

[الدر المختار وحاشية ابن عابدين (رد المحتار) 4/ 478]

اذا قيدت الوكالة بقيد فليس للوكيل مخالفته.شرح المجلة لرستم.794.المادة 1479.دار احياء التراث العربي.

اعلم ان الاصل في الوكالة الخصوص.مجلة الاحكام.795.

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