Vehicle Service History: Refund Claim in Shariah
Question:
Aslm muftisaab
Maaf i have a question regarding tge purchase of a car
Muftisaab wen we purchased our car the agent told us the car got a full service history up to date...
Wen we checked the last service there isn't any records of it
Agent said to us the owner of the car relocted to Canada and as soon as he emails the documents for the last service they will send it to us
Weve been waiting 4 months nd they havent sent us and alwYs keep saying they waiting...
The service on the car is +-2000 can we hold on to the 2000 till we get the paperwork or should we give it to them... We entitled to the last service but they keepmking excusesthat thhe guy hasnt sent it yet
Kindly advice jzkl
Answer:
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
Answer:
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
Your query refers.
You state that you purchased a vehicle and the agent confirmed that the sale of the vehicle is inclusive of the full service history however you state that you did not receive the records of the last service history.
In principle, a valid purchase and sale contract (Bay al-Saheeh) in Shariah contains four fundamental contractual elements as follows:
- Mabee – the item of sale should be of a Shariah compliant nature in being Mal al-Mutaqawwam/item of shariah exchangeable value.
- Thaman – The counter value of the exchange should be a valid shariah compliant tender such that it is fully specified (Muta’ayyan).
- Qabdh – The seller should either have constructive or physical possession (Qabdh Haqeeqi/Hukmi) of the goods before the sale.
- Aqd – The transaction is effected through an offer and acceptance in the same Majlis in an instantaneous executable manner (Baat/Nafiz).
With regards to your specific query and based on our understanding of the scenario in reference, since you purchased the vehicle with the explicit and clear reference of the service history, the issue of the service history of the vehicle becomes an integral element/Wasf of the Mabee’/item of sale. You are hence entitled to a vehicle with a full service history. Moreover the Urf and Aaadah/norm and general understanding of society and the general business sector dictates such a viewpoint also.
Furthermore, it is Wajib for the seller to disclose any potential defects in the Mabee/item of sale. Therefore, any factual misrepresentation of the correct and actual nature of the Mabee/item of sale is inherently impermissible and a gross violation of basic morality and the Shariah Law.
Therefore, since you claim that you did not receive the last service history and you were entitled to such due to the representation of the agent, then if you are correct in your claim, then you are entitled to a full refund on the basis of Khiyar al-Aib/Wasf/ Option of Defect.
Alternatively you could reach a mutual agreement with the seller for a partial refund of the sale price on the basis of Sulh/mutual resolution to resolve the issue.
We understand that you can review the actual service history of vehicles in general through an online digital verification platform by inserting the vehicle VIN Number and you also have certain protections in South Africa according to the Consumer Protection Act (CPA), Section 56 (2) of the Act which allows for full disclosure, the right to return the vehicle within 6 months and a cooling off period within which you can return the vehicle.
We also advise you to consider referring the matter to a senior in the community to resolve the matter in amicable manner.
And Allah Ta’āla Knows Best
(Mufti) Ismail Desai
Chairman of Shariah Board and Fatwa Committee,
Darul Iftaa, Durban, South Africa
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 organizations to which he may be affiliated with. The opinions and educational information proffered in this communication are based on the jurisprudential understanding and available knowledge of the author. Given that contemporary issues and interpretations of contemporary issues are subjective in nature, another scholar may reach different juristic inferences and conclusions to those as expressed by the author. Whilst every effort has been taken to ensure total academic integrity and honesty, the author is open to corrective measures based on sound academics and juristic inferences. The Shari’ah ruling given herein is based specifically on the specific 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. Any or all links provided in our emails, answers and articles are restricted to the specific material being cited. Such referencing should not be taken as an endorsement of other contents of that website.
(Announcement: The Darul Iftaa under the auspices of the Mufti Ebrahim Desai Foundation is managed by Mufti Ismail Desai Saheb, son of Hazrat Mufti Ebrahim Desai Saheb RA. Mufti Ismail Desai will continue his academic career by conducting an intensive one year specialist programme in Islamic Finance, Banking and economics (MA) and Iftaa training programme for Ulema and Shariah graduates. Mufti Ismail Desai Saheb will also be conducting various programmes for the public on Islamic Finance, Ishaahi Majlis and general Islamic Q&A. Alhamdulillah the Darul Iftaa currently has over 50 students from over 32 countries globally. The Darul Iftaa will be conducting programmes on Islamic Finance, Business and Economics in various cities/countries. The programme is conducted free of charge and you can request an event by contacting us directly at www.shariahbusiness.com. You can contact the Mufti Ebrahim Desai Foundation for any details on Hazrat Mufti Ebrahim Desai RA at www.muftiebrahimdesai.com. We will keep you updated on our programmes and events via our email data base and other media channels)
and Allah Ta'ala Knows Best
Mufti Ismail Desai
Darul Iftaa
Durban, South Africa
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 organizations to which he may be affiliated with. The opinions and educational information proffered in this communication are based on the jurisprudential understanding and available knowledge of the author. Given that contemporary issues and interpretations of contemporary issues are subjective in nature, another scholar may reach different juristic inferences and conclusions to those as expressed by the author. Whilst every effort has been taken to ensure total academic integrity and honesty, the author is open to corrective measures based on sound academics and juristic inferences. The Shari’ah ruling given herein is based specifically on the specific 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. Any or all links provided in our emails, answers and articles are restricted to the specific material being cited. Such referencing should not be taken as an endorsement of other contents of that website.
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