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Are Mobile phone deals in which the line rental is refunded at a later date permissible?

All praises be to Allaah, Lord and Sustainer of the worlds, and may the peace and blessings of Allaah be upon our Prophet Muhammad (peace be upon him) and upon his family and companions.

These deals for mobile phone where the line rental is refunded at a later date do not appear to be permissible because of:

  1. 1. The degree of ambiguity that these deals involve.

  2. No one seems to have a clear and uniform explaination of why the rental is refunded on a later date and why it should be charged in the first place. Secondly, one can not be certain about this refund unless this is confirmed in written contract, which does not seem to be the case in most of these deals.

  3. It is narrated that the Prophet (peace and blessings of Allaah be upon him) forbade ambiguous transactions. (Narrated by Muslim (1513))

  1. 2. These deals often involve two deals in one i.e. one with the main service provider such as T-mobile or Orange, and second with the retailer such as Phonebox direct.

Al-Tirmidhi (1152) narrated that Abu Hurayrah (may Allaah be pleased with him) said: 'The Messenger of Allaah (peace and blessings of Allaah be upon him) forbade two transactions in one.' This was also narrated by Ahmad, al-Nasaa’i and al-Tirmidhi classed it as saheeh.

In another report the Prophet (peace and blessings of Allaah be upon him) said:

“It is not permissible to sell something on condition that the purchaser lend you something, and it is not permissible to have two conditions in one transaction, and no profit is permissible unless possession has been taken of the goods, and you cannot sell what is not in your possession.”

(Narrated by Ahmad and the authors of al-Sunan with a saheeh isnaad.)

And Allah, the Most Knowledgeable knows what is best and most correct.

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