• Home
  • About
    • About Us
    • Testimonials
    • The Team
  • Q&A
    • Worship
      • Purification
      • Salah
      • Zakat
      • Fasting
      • Hajj
      • Qurbani/Udhiyyah
      • Death & Burial
    • Commerce, Finance & Investment
      • Trade & Business
      • Jobs & Services
      • Investments
      • Schemes & Products
      • Islamic Finance & Banking
    • Nikah & Divorce
      • Nikah
      • Divorce
    • Social Issues
    • Medical Issues
    • Wills & Inheritance
    • Advice
  • Research & Essays
  • Articles
  • Contact Us
  • Nisab

chat
Darul Fiqh Darul Fiqh
Darul Fiqh Darul Fiqh
  • Home
  • About
    • About Us
    • Testimonials
    • The Team
  • Q&A
    • Worship
      • Purification
      • Salah
      • Zakat
      • Fasting
      • Hajj
      • Qurbani/Udhiyyah
      • Death & Burial
    • Commerce, Finance & Investment
      • Trade & Business
      • Jobs & Services
      • Investments
      • Schemes & Products
      • Islamic Finance & Banking
    • Nikah & Divorce
      • Nikah
      • Divorce
    • Social Issues
    • Medical Issues
    • Wills & Inheritance
    • Advice
  • Research & Essays
  • Articles
  • Contact Us
  • Nisab

Question:
I wanted to know if it is permissible to purchase gift cards from ebay at a lower price. Example a £135 gift card is being sold for £120.
Can we purchase that or is that not permissible in Islam?

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

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

The Answer:

It is not permissible to purchase or sell pre-loaded gift cards at a different rate to the loaded monetary value. Furthermore, in many gift cards, it is against the agreement to sell to third parties. 

The Fiqh (jurisprudence of the answer):

The money loaded onto a gift card is a form of e-money as discussed in the Electronic Money Regulations 2011 by the Financial Conduct Authority (FCA)[1].  Furthermore, the FCA has regarded e-money as a monetary value represented by a claim on the issuer[2].
From an Islamic jurisprudence perspective, the money loaded onto the card will be maḍmūn (guaranteed) and effectively a dayn (claim).  It is not permissible to transact such claims with other than the debtor[3].

And Allah Ta’ālā Alone Knows Best

Mufti Faraz Adam
www.darulfiqh.com
 
DISCLAIMER:
The views and opinions expressed in this answer belong only to the author and do not in any way represent or reflect the views of any institutions to which he may be affiliated.
Arguments and ideas propounded in this answer are based on the juristic interpretations and reasoning of the author. Given that contemporary issues and interpretations of contemporary issues are subjective in nature, another Mufti may reach different conclusions to the one expressed by the author. Whilst every effort has been taken to ensure total accuracy and soundness from a Shari’ah perspective, the author is open to any correction or juristic guidance. On the event of any juristic shortcomings, the author will retract any or all of the conclusions expressed within this answer.
The Shari’ah ruling given herein is based specifically on the scenario in question.  The author bears no responsibility towards any party that acts or does not act on this answer and is exempted from any and all forms of loss or damage.  This answer may not be used as evidence in any court of law without prior written consent from the author.  Consideration is only given and is restricted to the specific links provided, the author does not endorse nor approve of any other content the website may contain.


[1] FCA (2013) ‘The FCA’s role under the Electronic Money Regulations 2011’ Available at
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/81328/emoney_directive_consultation.pdf
“E-money is not strictly a surrogate for cash. Nor are prepaid cards a direct substitute for debit or credit cards. E-money works best when it facilitates new solutions to existing problems. This is, first, because e-money has its own cost and revenue structures, depending on different business models; and secondly, because customers tend to switch away from existing payment methods only when e-money offers a better way to make a payment. The most successful emoney applications have been those that have solved specific problems. Examples include path breaking ways to make internet payments; send and receive money on-line; a host of prepaid card applications such as gift cards and travel money cards; and nascent mobile phone payment methods.”
[2] FCA (2013) ‘ The FCA’s role under the Electronic Money Regulations 2011’ Available at
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/81328/emoney_directive_consultation.pdf
2.2 Regulation 2 defines e-money as monetary value represented by a claim on the issuer that is:
 • stored electronically, including magnetically;
• issued on receipt of funds for the purpose of making payment transactions (see regulation 2 of the PSRs);
 • accepted as a means of payment by persons other than the issuer; and
• is not excluded by regulation 3 of the EMRs (see paragraphs 2.4-2.6 below). 2.3 Examples of e-money include prepaid cards that can be used to pay for goods at a range of retailers, or virtual purses that can be used to pay for goods or services online.

[3] وَلَا يَنْعَقِدُ بَيْعُ الدَّيْنِ مِنْ غَيْرِ مَنْ عَلَيْهِ الدَّيْنُ؛ لِأَنَّ الدَّيْنَ إمَّا أَنْ يَكُونَ عِبَارَةً عَنْ مَالٍ حُكْمِيٍّ فِي الذِّمَّةِ، وَإِمَّا أَنْ يَكُونَ عِبَارَةً عَنْ فِعْلِ تَمْلِيكِ الْمَالِ وَتَسْلِيمِهِ، وَكُلُّ ذَلِكَ غَيْرُ مَقْدُورِ التَّسْلِيمِ فِي حَقِّ الْبَائِعِ، وَلَوْ شَرَطَ التَّسْلِيمَ عَلَى الْمَدْيُونِ لَا يَصِحُّ أَيْضًا؛ لِأَنَّهُ شَرَطَ التَّسْلِيمَ عَلَى غَيْرِ الْبَائِعِ فَيَكُونُ شَرْطًا فَاسِدًا فَيَفْسُدُ الْبَيْعُ، وَيَجُوزُ بَيْعُهُ مِمَّنْ عَلَيْهِ؛ لِأَنَّ الْمَانِعَ هُوَ الْعَجْزُ عَنْ التَّسْلِيمِ، وَلَا حَاجَةَ إلَى التَّسْلِيمِ هَهُنَا (بدائع الصنائع ج 5 ص 148 دار الكتب)

Total
0
Shares
Share 0
Tweet 0
Previous Article
  • Q&A
  • Worship
  • Zakat

Is Zakat due on Monies Invested in Kitty and Committee Schemes?

  • August 2, 2021
Read More
Next Article
  • Purification
  • Q&A
  • Worship

How Is Wudu Valid Whilst Using a Spray Bottle?

  • August 2, 2021
Read More
You May Also Find
Read More
  • Q&A
  • Trade & Business

Liquidating Collateral to Settle an Outstanding Debt

Read More
  • Divorce
  • Marriage and divorce
  • Q&A

Does outstanding Nafaqah become a debt on the ex-husband?

Read More
  • Q&A
  • Schemes & products

Is a deposit free mortgage offered by Skipton Building Society permissible?

Read More
  • Q&A
  • Salah

Imam Forgets Takbirat in Id Salah

Read More
  • Q&A
  • Trade & Business

Is dropshipping permissible?

Read More
  • Medical Issues
  • Q&A

Using CBD drinks for medical reasons

Read More
  • Q&A
  • Wills & Inheritance

Two-tiered inheritance query

Read More
  • Q&A
  • Trade & Business

Is subleasing permitted? What are the conditions and requirements?

Subscribe to our Newsletter
Recent Posts
  • Liquidating Collateral to Settle an Outstanding Debt
    • September 24, 2023
  • Does outstanding Nafaqah become a debt on the ex-husband?
    • September 24, 2023
  • Is a deposit free mortgage offered by Skipton Building Society permissible?
    • September 24, 2023
  • Imam Forgets Takbirat in Id Salah
    • September 22, 2023
  • Is dropshipping permissible?
    • September 22, 2023

Darul Fiqh is a Fatwa website providing Islamic answers to everyday Fiqh issues and questions.

Powered by

Subscribe to Our Newsletter
Follow Us

Input your search keywords and press Enter.