Fatwa: # 17792
Category: Financial Transactions
Country: India
Date: 31st March 2009

Title

One mobile costs rs 30000 in india and 10000 in us but inU.S it is tied with a telecom service provider due to which such a discount is available the...

Question

One mobile costs rs 30000 in india and 10000 in us but inU.S it is tied with a telecom service provider  due to which such a discount is available the telecom service provider gives the mobile on the condition that the person will use the mobile with the particular service provider for two years . So my question is can I smuggle the phone from  and use it india as in the process I will be saving Rs20000

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatuh

At the outset it should be understood that in principle, a Muslim is one who fulfils his promise. This is a hallmark of a true believer. Allah Ta’ala states in the Holy Quran:

وَأَوْفُوا بِالْعَهْدِ إِنَّ الْعَهْدَ كَانَ مَسْئُولًا

 

“And fulfil the covenant; indeed, the covenant will be questioned (in the hereafter).”

(Al Quran Surah Isra v34.)

Purchasing a mobile phone on a contract basis, (ie. The sale of the mobile phone is tied to a two year contract for example) binds the purchaser to the terms and conditions in that contract. Legal action could be taken against the purchaser failing to comply by these conditions; more seriously, one will be held responsible in the court of Almighty Allah for such negligence. Allah states in the Holy Quran:

 

يَا أَيُّهَا الَّذِينَ آَمَنُوا لِمَ تَقُولُونَ مَا لَا تَفْعَلُونَ  كَبُرَ مَقْتًا عِنْدَ اللَّهِ أَنْ تَقُولُوا مَا لَا تَفْعَلُونَ

“Oh those who believe, why do you say that which you do not do? It invites Allah’s anger that you say what you do not do.” (Al Quran.Surah Saff. v2)

Merely taking a mobile phone on a contract basis to get the discounted price and not complying with the terms and conditions and thereafter taking off with the phone is a serious crime. This is not the trait of a believer; instead it is a trait of a hypocrite.

Rasululah صلى الله عليه و سلمsaid:

عن أبي هريرة عن النبي صلى الله عليه و سلم قال آية المنافق ثلاث إذا حدث كذب وإذا وعد أخلف وإذا اؤتمن خان 

  “The (distinguishing) signs of a hypocrite are three: When he speaks, he lies. When he promises, he breaks it and when he is given something as trust, he breaches that trust.”

(Bukhari vol1 p16 Darul Fikr)

Therefore, it is not permissible to take a mobile phone on contract whilst dodging the terms and conditions.

 Such fraudulent actions are against human integrity and morality. One who perpetrates these deeds will be answerable and sinful. A true believer will not sell his honour for a few Rupees.

 

And Allah knows best

Wassalamu Alaikum

Ml. Zakariyya bin Ahmed,
Student Darul Iftaa

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa

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