Category: Business Matters
Fatwa#: 29009
Asked Country: South Africa

Answered Date: Apr 24,2014

Title: Ruling on eBucks, Ucount, and Voyager Points

Question

What is the shar`ee ruling on eBucks , Ucount & Voyager points earned through the bank?

Answer

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

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

FNB eBucks[1]: After conducting a detailed research on eBucks, we have concluded that it will be permissible to participate in the eBucks Rewards Programme by paying an annual fee. This will be considered an admin fee for the management and services provided by FNB[2].

Standard Bank UCount[3]: The eBucks and UCount rewards programmes are very similar in their setup and application. As such, it will permissible to participate in the Standard Bank Ucount[4] programme as well. For more information, you may refer to our research on eBucks attached below.

Voyager Card: It is permissible to receive points on your Voyager Card. Similar to eBucks and UCount, the annual fee charged will be considered a fee for the management and services provided by the company[5].

And Allah Ta’āla Knows Best 

Bilal Mohammad 

Student Darul Iftaa
USA 

Checked and Approved by,
Mufti Ebrahim Desai.

www.daruliftaa.net

Review of FNB eBucks

The Darul Iftaa has been inundated with queries from the public on FNB eBucks. We have issued a brief fatwa some time last year ruling it as permissible. This was also the view of other 'Ulamā. We once again reviewed the issue to consider one dissenting view. We still maintain the same view that FNB eBucks is permissible. This is also the opinion we received from the "Majlis" (Mawlana A. S. Desai).

This document presents a detailed explanation on the issue incorporating the various views of 'Ulamā and presenting answers to the dissenting view. If anyone has any academic objection or any issue in this article, please feel free to communicate with us freely and openly for our consideration.

Mufti Ebahim Desai

 

 

FNB eBucks: Permissible or Not Permissible?

It will be permissible to participate in the eBucks Rewards Programme by paying an annual fee[6]. Similar to the voyager card, this will also be considered an admin fee for the management and services provided by FNB [7].

 

In order to fully clarify this issue from the Shar'ī point of view, we shall discuss the details of this programme while analyzing the arguments put against such a concept.

Section I: What is the eBucks Rewards Programme?

Before approaching the Shari'ah aspect surrounding the eBucks Rewards Programme, we find it important to first have a general understanding of the programme itself.

The official eBucks and FNB websites define this programme as follows:

eBucks Rewards is FNB and RMB Private Bank's rewards programme that enables you to earn eBucks for doing everyday things like shopping, filling up with fuel or loading airtime. You can spend the eBucks you earn on fuel, electronics and appliances, travel, books, CDs and DVDs, flowers, outdoor equipment, fashion - you name it. With eBucks Rewards you save money every time you spend. This means you can do more and get more for less.[8]

A more formal and restrictive definition of this programme may be found under the terms and conditions of the eBucks Rewards Programme in the following words:

eBucks Rewards Programme means the rewards programme operated by Us [eBucks] whereby eBucks may be earned by Members and/or used to purchase goods and services from Our various Partners and/or the eBucks Shop, eBucks Travel, Vottle website and the conducting of competitions, promotions and new services.[9]

The "eBucks" themselves have also been defined in the same document as mentioned below:

eBucks/eB means the units acquired, earned and spent by a Member in accordance with the eBucks Rewards Programme, including the eBucks for Business Programme, the value of which will be determined by Us from time to time. Currently eB10 (ten eBucks) is worth R1.00 (one Rand).[10]

These eBucks may be earned through various means. Below is a list of a few methods used to earn eBucks by FNB private bank account customers:

  • Swipe your bank card or shop online, anywhere
  • Shop at Checkers & Shoprite (FNB Private Clients and RMB Private Bank clients also earn eBucks on grocery shopping at any store).
  • Fill up with fuel, at any service station.
  • Buy prepaid airtime and prepaid electricity through FNB's electronic channels.
  • Get insurance through FNB.
  • Pay your Smart Device monthly subscription fee (only applies to FNB Private Clients and RMB Private Bank clients).
  • Buy from our in-store and online earn partners.[11]

The purpose of this programme, as stated by eBucks, is "all about rewarding FNB and RMB Private Bank customers for how they bank. We focus on adding value for people who bank with FNB and RMB Private Bank by enabling them to save money and do more when they earn and spend their eBucks."[12]

A few of the rewards offered through this programme (depending on one's reward level) are as follows:

  1. Earn a guaranteed 1% back in eBucks on your qualifying spend when you swipe your Credit Card or shop online
  2. Earn up to 15% back in eBucks when you fill up with fuel using your FNB Credit or linked Petro Card
  3. Earn up to 15% back in eBucks when you shop at Checkers & Shoprite
  4. Earn up to 15% back in eBucks when you buy prepaid electricity electronically through FNB
  5. Earn up to 15% back in eBucks when you load prepaid airtime electronically through FNB[13]
  6. Discounts on certain eBucks Shop[14] and eBucks Travel discounted products[15]

This "reward", also known as the "reward rate", refers to the percentage of the customer's qualifying purchases that he earns back in eBucks. The rate itself is determined by a level system designed by eBucks.[16] The reward level also determines the size of the discount the customer qualifies for when he buys selected products that are on discount from the eBucks Shop or book flights online through eBucks Travel.[17]

Although eBucks does not charge a fee to join such a programme in order to earn eBucks[18], individual banks may charge annual fees in order to link the customer's credit card to eBucks. In regards to the FNB rewards programme, it is stated under the FAQ on the official eBucks website:

You must link your credit card to your eBucks account to earn eBucks on your credit card purchases. You won't earn eBucks automatically, as with a cheque account...A linkage fee of R200 is charged in order to link your FNB Credit Card to earn eBucks. The R200 Linkage fee is billed upfront, thereafter charged annually on the anniversary of your initial linkage date...[19]

To sum it up, the eBucks rewards programme is a programme offered jointly by eBucks and its partner FNB to motivate their customers to make more purchases by rewarding them through eBucks every time they use their FNB cheque card or credit card at qualifying stores or make purchases through specified partners of the eBucks programme. They further give discounts to these customers when they make purchases from the eBucks store. The rate of "rewards" and discounts are based on the customer's individual reward level that is determined by the active participation of the customer in making purchases through their card at qualifying stores.

Now that we have given general information about the programme itself, we will cover the details of the program from the Shari'ah point of view. In order to fully comprehend the arguments made against eBucks, it is first important to understand the concept of ribā (interest) in Islam.

Section II: The Definition of Ribā

The fuqahā have elaborated on the different forms of ribā and what types of transactions will constitute an "interest-based transaction". We will commence by stating the following two definition of ribā so that the upcoming discussion may be understood fully:

(1) It is reported that Sayyidunā 'Alī stated:

كل قرض جر منفعة فهو ربا 

“Every loan that reaps benefit is a form of interest.”[20]

(2) 'Allāmah 'Aynī (rahimahullah) provides a precise definition of ribā in the following words:

وقال علماؤنا: هو نوع بيع فيه فضل مستحق لأحد المتعاقدين خال عما يقابله من عوض شرط في هذا العقد

Our 'Ulamā say: It (ribā) is a type of transaction in which there is an excess amount devoid of any compensation that either of the two transacting parties are entitled to, such that it was made a precondition for this transaction.

Section III: Is eBucks Ribā?

At first glance, the main argument one may pose against eBucks is that such a programme seems to be synonymous to ribā (interest) based on the two definitions given above. The reason often stated is that these eBucks is simply an added benefit given in exchange of a loan where the bank may be considered either the creditor or a debtor. In terms of receiving a credit card issued by the bank, the bank will be considered the creditor. Whilst in terms of placing funds into one's bank account, the bank will be considered a debtor as it utilizes the money of the depositors when loaning out to third parties. Either way, the argument remains that the customer (whether he is a debtor according to the first scenario or a creditor according to the second scenario) is receiving an added benefit from loaning or being loaned money through the eBucks Rewards Programme.

In order to adequately respond to this argument, there are four different approaches taken by the 'Ulamā:

(1) Money deposited into one's bank account does not constitute a loan at all. The true purpose behind placing funds into one's account is so that the bank fulfils certain tasks on behalf of the account holder such as paying off one's creditors. Otherwise, what would be the purpose of paying a multitude of bank fees when one simply intends to loan money to the bank? Simply put, you loan the bank money and on top of it, the bank charges you a fee!

In terms of Shari'ah, we may say that the bank is an employee (ajīr) of the account holder who is paid wages (ujrah) in the form of bank fees for managing one's money[21]. The fact that the bank uses one's money for their own purpose will be classified as dishonesty (khiyānah) from the side of the bank since it is outside the control of the account holder (i.e. musta'jir). Based on this explanation, since the entire procedure does not involve a loan, the question of ribā does not even come up.

(2) In order to classify eBucks as interest, eBucks would have to be either a currency (ثمن) or commodity (مال). In the case of it being a currency or commodity, we could conclude that the surplus is interest. However,  eBucks is not known as a currency (ثمن عرفى). Even if it was, when dealing with ثمن عرفى, surplus on different types of currencies is not interest and there is flexibility in the laws of mutual exchange (تقابض) as well. If we regard eBucks as a commodity, the condition for interest –قدر and جنس are not found as eBucks is from عدديات.

(3) The fact that a loan has taken place is merely a sabab for the earning of these rewards. The actual 'illah of earning these rewards is that one swipes the card at a vendor to make payment, which is not a loan transaction.  Since there is a sabab and an 'illah, the hukm of earning rewards cannot be attributed to the sabab. It will have to be attributed to the illah.

The sabab (loan) has no direct effect on the earning of these rewards, whether the loan is given by the bank or to the bank. If a person has a credit card and puts extra money into the credit card, no matter how long he leaves the money in the card, the bank will not give him any rewards. Similarly, if he withdraws the money from his credit card by doing an electronic funds transaction or cash withdrawal, the bank will not give him any rewards. Instead, the  bank will charge him interest. Rewards will only be granted to the consumer once he uses it to pay for goods or services; therefore, rewards are the outcome of the swipe and not a loan

 

(4) Taking a look at the definition of ribā, the following argument is posed:

 

eBucks is an excess amount (or in other words a "gift") given to the customer without any sort of compensation.

 

This can be answered in two ways:

 

(a) according to the Terms and Conditions of the eBucks Rewards Programme, there is a compensation given for the eBucks Rewards Programme. The compensation we are referring to here is the annual R 200 Fee.

 

One may argue that such a fee is only for the sole purpose of linking the credit card and not for the eBucks Rewards Programme itself. The simple answer to this is that there is a famous maxim in fiqh, "العبرة في العقود للمعاني دون الألفاظ"[22] which can be translated as "In any transaction, the outcome is taken into consideration, not the words used (for the transaction)."

The following words are used in the terms and conditions of the eBucks Rewards Programme:

As disclosed elsewhere in these terms and conditions FNB and RMB Private Bank, may charge You an annual credit card Linkage Fee. The FNB Linkage Fee is currently R200 per annum.[23]

Under the "definitions" section of the terms and conditions of the eBucks Rewards Programme, "linkage fee" is defined as follows:

An annual fee which FNB and RMB Private Bank may charge You to link each of Your qualifying FNB and RMB Private Bank credit cards to Your eBucks Accounts, enabling You to earn eBucks from Your qualifying FNB and RMB Private Bank credit cards.[24]

As mentioned before, according to the FAQ on the official eBucks website, this condition is worded slightly differently:

You must link your credit card to your eBucks account to earn eBucks on your credit card purchases. You won't earn eBucks automatically, as with a cheque account...A linkage fee of R200 is charged in order to link your FNB Credit Card to earn eBucks. The R200 Linkage fee is billed upfront, thereafter charged annually on the anniversary of your initial linkage date...[25]

According to these statements, even without using the fiqhi maxim one can conclude that the apparent meaning is that the money given here is solely for the purpose of enabling one to use the eBucks Rewards Programme. If one still disagrees, then according to the fiqhi maxim above the outcome of the transaction does not concur with such an opinion. The end result is that one is paying an annual fee in order to be a part of the eBucks Rewards Programme. The proof of this is the mere fact that if one were to avoid paying such fees, then his credit card would be delinked from programme resulting in him being unable to further earn any more eBucks.

(b) The definition of ribā itself states: "such that it was made a precondition for "this" transaction". The words "this transaction" must refer to the loan given or taken by the customer to or from the bank (i.e. to the direct usage of funds in the account), otherwise the argument will not hold since ribā refers to an excess given on a loan. The word "it" is pointing to the excess without compensation, which in this case would be the eBucks themselves. The question is, are eBucks really related to the actual funds in one's bank account? This can be answered in three different ways:

  1. eBucks is a completely separate service without any link to the actual bank account. It is mentioned under the terms and conditions of the eBucks Rewards Programme:

Qualifying Credit Card customers must be registered Members of the eBucks Rewards Programme and their qualifying Credit Card account must be linked to an eBucks Account in order to qualify for their Retail Bank Rewards on their fuel, prepaid airtime, prepaid electricity, general shopping purchases or Qualifying Shoprite Checkers Purchases.[26]

 

Under the official eBucks FAQ it is stated:

"You must link your credit card to your eBucks account to earn eBucks on your credit card purchases."[27]

 

The FNB Private Client Rewards terms and agreements state:

Clients of FNB Private Clients must be registered members of the eBucks Rewards Programme in order to earn rewards on their smart device, fuel, airtime, electricity, grocery, Checkers & Shoprite or everyday shopping purchases as well as to have access to the Lifestyle Desk Rewards.[28]

 

The abovementioned statements clearly show that the eBucks Rewards Programme is a completely separate program that one must sign up for individually. As such, it has no link to the actual funds placed into one's bank account.

 

  1. eBucks are in exchange of using the credit card by swiping it at the store, not for using the funds related to the account. To substantiate this point, we shall quote statements directly from the eBucks Programme and its partners (i.e. FNB):

The following statement is found under the FNB Rewards terms and conditions:

From 1 July 2013 qualifying clients of FNB Private Clients can earn rewards whenever they swipe their participating FNB Private Clients Cheque Card, Credit Card or Petro Card (Linked to a FNB Private Clients Credit Card) and when they purchase prepaid airtime or prepaid electricity using FNB’s electronic channels or when they have an active smart phone, tablet or laptop contract.[29]

It is also stated on the eBucks website under the discussion of earning eBucks through an FNB credit card:

Earn a guaranteed 1% back in eBucks on your qualifying spend when you swipe your Credit Card or shop online

Earn up to 15% back in eBucks when you fill up with fuel using your FNB Credit or linked Petro Card[30]

In some instances, we can see that earning eBucks is only related to shopping at select areas and making specific purchases without any connection to the general usage of the credit card:

How do I earn eBucks?[31]

  • Shop at Checkers & Shoprite (FNB Private Clients and RMB Private Bank clients also earn eBucks on grocery shopping at any store).
  • Fill up with fuel, at any service station.
  • Buy prepaid airtime and prepaid electricity through FNB's electronic channels.
  • Pay your Smart Device monthly subscription fee (only applies to FNB Private Clients and RMB Private Bank clients).
  • Buy from our in-store and online earn partners.
  • Take out or renew a 24-month cellular contract with Nashua Mobile.
  • Take out a vehicle tracking system contract from Tracker.[32]

 

  1. In order to answer this argument, we may also present two logical arguments:

a)     If receiving such rewards was actually tied up to the actual bank account, then one should be unable to use the bank account without first signing up for the eBucks Rewards Programme as well. It is clear that this is not the case, especially where one has to pay an additional fee in order to sign up for this programme[33]. If one denies the paying of the R 200 annual fee, it does not cancel his credit card or bank account. Although, we do agree that being a customer is necessary to apply for the eBucks Rewards Programme. But a mere qualification does not mean that it is directly associated with the transaction itself, especially in face of the arguments posed above.

b)    The amount of funds one has placed into one's account makes no difference to the eBucks services. As will be stated ahead, E-bucks are awarded regardless if one has a bank balance or not. Even if the account is completely empty, the cardholder is still awarded e-bucks when he swipes his card.

Based on the discussion above, we come to the conclusion that eBucks do not directly fall under the definition of ribā. However, one question still remains unanswered; if the eBucks have nothing to do with the loan itself, then what are these rewards given in exchange of? In other words, what will eBucks be classified as under the guidelines of Shari'ah?

Section IV: eBucks Programme - The Shar'ī Perspective

Similar to the previous section, 'Ulamā hold different opinions regarding the reality of eBucks and their Shar'ī classification. We shall reproduce these opinions below:

(1) Earning eBucks itself is not linked to money in the account. E-bucks are awarded regardless of there being a bank balance. Even if the credit-card holder does not have a cent in the bank, he is awarded e-bucks when he swipes his card. Goods which the cardholder receives in the e-bucks scheme are in lieu of swiping the card. Swiping the card is a valid act since it yields profit for the bank. The greater the credit card sales, the greater the profit for the bank. Thus, the cardholder is effectively executing a task on behalf of the bank in lieu of a payment (the goods he will receive in the e-bucks system), which is his fee for doing the job. In the eBucks system, the cardholder is the employee (ajīr) of the bank. In other words, it is an Ijaarah transaction between the bank and cardholder.

(2) In terms of Sharīah, the ruling of eBucks depends on its classification in one of the following three: Ribā (interest), Ghasab (stolen money or usurped wealth), or Hibah (a gift). From the discussions above, we can see that eBucks cannot be classified as interest. Furthermore, we cannot classify it as usurped wealth either as the cardholder has no access to the points in any way for him to usurp the points. Therefore, in our view, eBucks will be classified as a hibah (gift).

As such, the laws of hibah will also play a role. For instance, there must be no obligation on the wāhib (the giver of the gift). In the case of eBucks, the bank is bound to give the rewards which is a shart fāsid in the hibah. In hibah, the shart fāsid falls off and the hibah is complete. Accordingly, the cardholder cannot use his legal right to claim the gift. If the bank gives the eBucks he may accept it on condition the eBucks is not given specifically in exchange for interest.

(3) Various banks and financial institutions offer credit cards to consumers to facilitate a smoother business operation as it would remove the need for the business to count cash and safeguard cash from the crime in the country.  It also enables the consumer to purchase goods immediately without the need to pay for these goods until after a period of time, interest free.

Since the financial institutions offer this type of service, they normally charge the vendor a fee of an amount between 2%-4% of the total transaction.  If somebody purchases an item from a store for 1000 rands, the vendor will only receive approximately 980 rands and the 20 rands will be kept by the bank as a service fee for this transaction.

Since there are many different financial institutions offering credit cards, various types of marketing strategies were formulated in order to woo consumers to take a specific institution's card. These rewards range from SAA Voyager miles, British Airways Miles, Absa Rewards and FNB eBucks. These rewards are given as an incentive to the consumer to use their credit card only as they will be the ones to earn the fees related to credit card transactions. Therefore it is understood that the bank is giving the consumer a reward (in whichever form) because the consumer is making the bank a wakīl b'il-qabdh of the money that is paid to the vendor.  This is similar to the ujrah (salary) of a dallāl. Since the consumer arranged such a work for the bank (collecting the money from him and paying it off to the vendor) which is causing the bank financial gain, the bank now rewards him for this. In other words, when you swipe your debit/cheque card ( which doesn't really apply to a credit card) in a store, you are instructing your bank (who is holding your money in its possession) to make taslīm of the money over to the store. As the bank charges the store to make the payment, the bank rewards you for giving it this business.

(4) The entire eBucks Rewards Programme is a service offered jointly by eBucks and FNB to its customers independent from the transactions that occur within the bank account of the account holder. In other words, the eBucks Rewards Programme is an ijārah[34] where eBucks is the service (manfa') offered to the customer by FNB, FNB is the mūjir, and the customer is the musta'jir. These manāfi' include all the services offered through eBucks such as all discounts, promotions, and earning of eBucks through usage of one's account or making select purchases from eBucks partners.

One point of consideration is that in order to be classified as an ijārah, the manāfi' must be defined in such a manner that it does not lead to any tanāzu' in the future.[35] Since the eBucks terms and conditions are well defined both by them (i.e. eBucks) and FNB, it will correct to say that we may treat this transaction as an ijārah whereby the R 200 will be considered a service charge (ujrah) for connecting the cardholder to eBucks and providing him with such services.

Section V: Miscellaneous Objections

Now that we have reiterated the different opinions regarding the Shar'ī aspect of eBucks, we are left with a few questions that require clarification before concluding this discussion.

(1) Partners of the eBucks Rewards Programme, such as the eBucks Shop and eBucks Travel, offer certain discounts and promotions when making purchases from them. From the Shar'ī perspective, what will we classify these individual transactions and discounts that take place at such markets, online or elsewhere?

In order to answer this question, we may take two different approaches:

  1. According to the laws of buyū', the seller is given complete control over giving a discount to any of his customers.[36] Under this notion, we may treat this as a gift (hibah) from the side of the store itself (where the overall agreement of the service is confined to FNB and its customers) that offers discounts to the customers using eBucks.[37] As mentioned before, according to the laws of hibah if anything is made a precondition in hibah, then the condition falls off and the hibah remains valid.[38] Accordingly, the cardholder cannot demand a discount on such products.
  2. We may consider the offering of discounts and rewards from the individual stores as a form of ju'l. This can be expressed in the following words; the seller offers a reward or ju'l in the form of a discount and a reward of eBucks for the one who uses a card linked to the eBucks programme. In other words, he offers to lose money from his side if one uses an eBucks card but does not charge anything extra if the customer does not use such a card.[39]

(2) Outwardly, it seems that eBucks are simply a form of cash used to purchase items. In such a case, it seems that the eBucks is simply a service that gives out free cash to the customer for nothing. In other words, this will either result in a transaction where one receives an unknown amount of cash for paying a fee of R 200 or a service where the manfa' is pure money. In either case, such a transaction should not be valid.

We may take three different approaches in answering this question:

  1. eBucks themselves are simply a system of recording sales during the process of piling up, nothing else. By means of e-bucks the bank authorizes the trader to give the bearer goods to a certain value. Simplistically put, it is a letter from the bank authorizing the trader to award the bearer thereof with goods for a specific sum. As such, eBucks aren't cash at all.

 

  1. According to the 'Ulamā that consider eBucks to be a hibah (gift), this argument serves no purpose. Reason being is that even if eBucks were to be considered as cash, the eBucks are simply being given as a gift on a condition that eventually falls off. Since gifts aren't restricted to commodities only, giving out cash gifts will have no effect on the hibah itself.

 

  1. The official eBucks documents themselves specifically mention that eBucks are not cash and also have specific qualities differing from regular cash. For further clarification, we shall provide these statements below:

 

eBucks themselves have been defined under the terms and conditions as follows:

eBucks/eB means the units acquired, earned and spent by a Member in accordance with the eBucks Rewards Programme, including the eBucks for Business Programme, the value of which will be determined by Us from time to time. Currently eB10 (ten eBucks) is worth R1.00 (one Rand).[40]

It is stated elsewhere in the same document:

"eBucks ARE NOT CASH: You may NOT sell, issue, exchange, barter or redeem eBucks for cash."[41]

In regards to the rewards earned through this program, FNB's terms and conditions state:

"The reward is non-transferable and cannot be exchanged or converted to cash"[42]

The eBucks discount programme further limits such offers to purchases in eBucks as well:

"Discounts will be restricted to products purchased with eBucks. Products paid for either in Rand or partly in Rand will not qualify for discounts."[43]

Under certain conditions, usage of rands or any form of exchange outside of eBucks may be disallowed as well:

You may pay for your online purchases in eBucks, Rand, or part pay in eBucks and Rand. Certain Online Partners may restrict Your payment options to eBucks only[44]

While clearly defining the differences between purchases made through eBucks and Rands, the following statements have been mentioned as well:

If You wish to return products and services, subject to the Terms and Conditions, Service Terms and any other terms and conditions on the Website, purchased with Your eBucks Card, and You purchased the products and/or services entirely with Your eBucks, You will be reimbursed with either a credit note or in eBucks (not Rands) directly into Your eBucks Account[45]

-----

If You transacted in Rand we will refund You in Rand to the FNB or RMB Private Bank credit card or cheque account that You used for the transaction. If You transacted in eBucks we will credit the eBucks Account You used for the transaction.[46]

-----

Discounts are however restricted to purchases made in eBucks only. Purchases in Rand or partly in Rand will not qualify for discounts.

According to the explanations provided here and elsewhere under this discussion, we can say that eBucks have the following qualities:

  1.                                                         i.            Their use is restricted to only those places that are clearly defined by the terms and conditions. In other words, they cannot be used everywhere like cash because they are not accepted by anyone, even eBucks themselves (as stated above), to be a form of cash.
  2.                                                       ii.            Any transactions made in rands from these predefined places will not be regarded as purchases made by eBucks, thus having its own implications in regards to discounts and rewards earned through the programme.
  3.                                                     iii.            As stated above, many offers provided by the eBucks Rewards Programme are only offered when eBucks are utilized, not rands.
  4.                                                     iv.            When dealing with returns, rands and eBucks purchases are clearly treated differently.
  5.                                                       v.            eBucks may not be converted to cash or utilized in any way that is outside of the terms and conditions.
  6.                                                     vi.            The value of eBucks is defined by the eBucks programme itself, meaning that market forces, economy, or any outside factor cannot play a role in defining its value.

It is now clear that eBucks are neither meant to be used as cash nor do they have any qualities similar to cash except that they may be used to purchase select products from select stores under specific conditions. In the end, it is simply a point system used to reward customers under the disguise of the popular "e-" brand name in order to attract customers. This may be better understood based on the explanation of ju'l stated in the answer to the first objection.

(3) Another argument that one may make is that if many 'Ulamā consider this programme to be a form of a gift (hibah), then it goes against the following hadīth of the Holy Prophet (sallallahu 'alaihi wa sallam):

عَنْ يَحْيَى بْنِ أَبِي إِسْحَاقَ الْهُنَائِيِّ، قَالَ: سَأَلْتُ أَنَسَ بْنَ مَالِكٍ: الرَّجُلُ مِنَّا يُقْرِضُ أَخَاهُ الْمَالَ فَيُهْدِي لَهُ؟ قَالَ: قَالَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ: «إِذَا أَقْرَضَ أَحَدُكُمْ قَرْضًا، فَأَهْدَى لَهُ، أَوْ حَمَلَهُ عَلَى الدَّابَّةِ، فَلَا يَرْكَبْهَا وَلَا يَقْبَلْهُ، إِلَّا أَنْ يَكُونَ جَرَى بَيْنَهُ وَبَيْنَهُ قَبْلَ ذَلِكَ 

It was narrated that Yahya bin Abu Ishaq Al-Huna'i said: “I asked Anas bin Malik (radiyallahu 'anhu): 'What if a man gives his brother a loan, then (the borrower) gives him a gift?’ The Messenger of Allah (sallallahu 'alaihi wa sallam) said: ‘If anyone of you borrow something then he gives (the lender) a gift or gives him a ride on his animal, he should not accept the gift or the ride, unless they used to treat each other in that manner beforehand.'”[47]

The argument made here is that that any gift from a debtor is condemned in Shari'ah based on the hadīth above. This argument can be answered on the basis that the hadīth above relates only to the debtor gifting the creditor, thus in the case of a credit card this argument does not fit as the bank would be the creditor and not the debtor.

Nevertheless, one may still argue that the counter scenario still exists, i.e., where one would be the creditor by placing funds into one's bank account. This question has been answered in detail under the discussion "Is eBucks ribā?"

Section V: Conclusion

After reviewing the details of the eBucks Rewards Programme from the Shar'ī point of view, we come to the conclusion that eBucks neither falls under the definition of ribā, nor contains any elements that render the entire concept as invalid; therefore, it will be permissible to participate in the eBucks Rewards Programme offered by FNB.

 



[1] eBucks Rewards is FNB and RMB Private Bank's rewards programme that enables you to earn eBucks for doing everyday things like shopping, filling up with fuel or loading airtime. You can spend the eBucks you earn on fuel, electronics and appliances, travel, books, CDs and DVDs, flowers, outdoor equipment, fashion - you name it. With eBucks Rewards you save money every time you spend. This means you can do more and get more for less

["About eBucks", eBucks, accessed on April 14, 2014, https://www.eBucks.com/web/eBucks/aboutus]

 

eBucks Rewards Programme means the rewards programme operated by Us [eBucks] whereby eBucks may be earned by Members and/or used to purchase goods and services from Our various Partners and/or the eBucks Shop, eBucks Travel, Vottle website and the conducting of competitions, promotions and new services.

["eBucks Rewards Programme Terms and Conditions", eBucks, accessed on April 14, 2014, https://www.eBucks.com/web/eBucks/legal/termsandconditions/]

 

[2] Fatawa Darul 'Uloom Zakariyya, vol. 5, pg. 388, Zam Zam Publishers;

Fatawa 'Uthmani, vol. 3, pg. 355, Maktabah Ma'ariful Quran;

Asr-e-Hadhir Ke Pechidah Masaail, vol. 2, pg. 193 & 197 & 198, Altaf and Sons;

 

المادة ٤٢١: النوع الثانى عقد الإجارة علي العمل كاستيجار...أرباب الحرف و الصنائع

(شرح المجلة، ج ٢، ص ٤٨١، مكتبة رشيدية)

 

المادة ٤٥١:يشترط في الإجارة أن تكون المنفعة معلومة بوجه يكون مانعا للمنازعة

المادة ٤٥٥: تكون المنفعة معلومة في استيجار اهل الصنعة بببيان العمل يعني بتعيين ما يعمل الأجير أو تعيين كيفية عمله

[قال الأتاسي]  يعني أن معلومية المنفعة في استيجار اهل الصنعة إنما تكون ببيان العمل بيانا يرفع الجهالة المؤدية الي المنازعة

(شرح المجلة، ج ٢، ص ٥٣٢-٥٣٨، مكتبة رشيدية)؛

 

(قَوْلُهُ وَشَرْطُهَا إلَخْ) هَذَا عَلَى أَنْوَاعٍ: بَعْضُهَا شَرْطُ الِانْعِقَادِ، وَبَعْضُهَا شَرْطُ النَّفَاذِ، وَبَعْضُهَا شَرْطُ الصِّحَّةِ، وَبَعْضُهَا شَرْطُ اللُّزُومِ...(قَوْلُهُ كَوْنُ الْأُجْرَةِ وَالْمَنْفَعَةِ مَعْلُومَتَيْنِ) أَمَّا الْأَوَّلُ فَكَقَوْلِهِ بِكَذَا دَرَاهِمَ أَوْ دَنَانِيرَ وَيَنْصَرِفُ إلَى غَالِبِ نَقْدِ الْبَلَدِ، فَلَوْ الْغَلَبَةُ مُخْتَلِفَةً فَسَدَتْ الْإِجَارَةُ مَا لَمْ يُبَيِّنْ نَقْدًا مِنْهَا فَلَوْ كَانَتْ كَيْلِيًّا أَوْ وَزْنِيًّا أَوْ عَدَدِيًّا مُتَقَارِبًا فَالشَّرْطُ بَيَانُ الْقَدْرِ وَالصِّفَةِ وَكَذَا مَكَانِ الْإِيفَاءِ لَوْ لَهُ حِمْلٌ وَمُؤْنَةٌ عِنْدَهُ، وَإِلَّا فَلَا يُحْتَاجُ إلَيْهِ كَبَيَانِ الْأَجَلِ

(رد المحتار علي الدر المختار، ج ٦، ص ٥، ايج ايم سعيد كمبني)؛

 

[قال الحصكفي](وَ) يُعْلَمُ النَّفْعُ أَيْضًا بِبَيَانِ (الْعَمَلِ كَالصِّيَاغَةِ وَالصِّبْغِ وَالْخِيَاطَةِ) بِمَا يَرْفَعُ الْجَهَالَةَ

 (رد المحتار علي الدر المختار، ج ٦، ص ٩، ايج ايم سعيد كمبني)

 

[3] UCount Rewards is Standard Bank’s innovative new rewards programme that gives you the chance to collect rewards points every time you shop with your Standard Bank debit, cheque or credit card! You can collect up to 10 %* in rewards points on all your grocery purchases and up to 1.5%** in rewards points on all your other purchases**! Every time you use your card you will collect rewards points which you can redeem for a variety of items – including fuel from Caltex forecourts. You’ll also get great benefits, discounts and special offers simply for banking with us.

 

With UCount Rewards, you get:

Up to 10%* of your grocery purchases back in rewards points when shopping at any Checkers, Checkers Hyper, Makro, Pick n Pay, Shoprite, SPAR or Woolworths stores countrywide using your Standard Bank debit, cheque or credit card.

["How it Works", UCount  - Standard Bank, accessed on April 18, 2014, https://ucount.standardbank.co.za/content/how-it-works/]

 

[4] UCount Rewards is Standard Bank’s innovative new rewards programme that gives you the chance to collect rewards points every time you shop with your Standard Bank debit, cheque or credit card! You can collect up to 10 %* in rewards points on all your grocery purchases and up to 1.5%** in rewards points on all your other purchases**! Every time you use your card you will collect rewards points which you can redeem for a variety of items – including fuel from Caltex forecourts. You’ll also get great benefits, discounts and special offers simply for banking with us.

 

With UCount Rewards, you get:

Up to 10%* of your grocery purchases back in rewards points when shopping at any Checkers, Checkers Hyper, Makro, Pick n Pay, Shoprite, SPAR or Woolworths stores countrywide using your Standard Bank debit, cheque or credit card.

["How it Works", UCount  - Standard Bank, accessed on April 18, 2014, https://ucount.standardbank.co.za/content/how-it-works/]

 

[5] Refer to reference no. 1. 

 

[6] Fatawa Darul 'Uloom Zakariyya, vol. 5, pg. 388, Zam Zam Publishers;

Fatawa 'Uthmani, vol. 3, pg. 355, Maktabah Ma'ariful Quran;

Asr-e-Hadhir Ke Pechidah Masaail, vol. 2, pg. 193 & 197 & 198, Altaf and Sons;

 

[7] المادة ٤٢١: النوع الثانى عقد الإجارة علي العمل كاستيجار...أرباب الحرف و الصنائع

(شرح المجلة، ج ٢، ص ٤٨١، مكتبة رشيدية)

 

المادة ٤٥١:يشترط في الإجارة أن تكون المنفعة معلومة بوجه يكون مانعا للمنازعة

المادة ٤٥٥: تكون المنفعة معلومة في استيجار اهل الصنعة بببيان العمل يعني بتعيين ما يعمل الأجير أو تعيين كيفية عمله

[قال الأتاسي]  يعني أن معلومية المنفعة في استيجار اهل الصنعة إنما تكون ببيان العمل بيانا يرفع الجهالة المؤدية الي المنازعة

(شرح المجلة، ج ٢، ص ٥٣٢-٥٣٨، مكتبة رشيدية)؛

 

(قَوْلُهُ وَشَرْطُهَا إلَخْ) هَذَا عَلَى أَنْوَاعٍ: بَعْضُهَا شَرْطُ الِانْعِقَادِ، وَبَعْضُهَا شَرْطُ النَّفَاذِ، وَبَعْضُهَا شَرْطُ الصِّحَّةِ، وَبَعْضُهَا شَرْطُ اللُّزُومِ...(قَوْلُهُ كَوْنُ الْأُجْرَةِ وَالْمَنْفَعَةِ مَعْلُومَتَيْنِ) أَمَّا الْأَوَّلُ فَكَقَوْلِهِ بِكَذَا دَرَاهِمَ أَوْ دَنَانِيرَ وَيَنْصَرِفُ إلَى غَالِبِ نَقْدِ الْبَلَدِ، فَلَوْ الْغَلَبَةُ مُخْتَلِفَةً فَسَدَتْ الْإِجَارَةُ مَا لَمْ يُبَيِّنْ نَقْدًا مِنْهَا فَلَوْ كَانَتْ كَيْلِيًّا أَوْ وَزْنِيًّا أَوْ عَدَدِيًّا مُتَقَارِبًا فَالشَّرْطُ بَيَانُ الْقَدْرِ وَالصِّفَةِ وَكَذَا مَكَانِ الْإِيفَاءِ لَوْ لَهُ حِمْلٌ وَمُؤْنَةٌ عِنْدَهُ، وَإِلَّا فَلَا يُحْتَاجُ إلَيْهِ كَبَيَانِ الْأَجَلِ

(رد المحتار علي الدر المختار، ج ٦، ص ٥، ايج ايم سعيد كمبني)؛

 

[قال الحصكفي](وَ) يُعْلَمُ النَّفْعُ أَيْضًا بِبَيَانِ (الْعَمَلِ كَالصِّيَاغَةِ وَالصِّبْغِ وَالْخِيَاطَةِ) بِمَا يَرْفَعُ الْجَهَالَةَ

 (رد المحتار علي الدر المختار، ج ٦، ص ٩، ايج ايم سعيد كمبني)

 

[8] "About eBucks", eBucks, accessed on March 05, 2014, https://www.eBucks.com/web/eBucks/aboutus/;

"Aboue eBucks Rewards", FNB, accessed on March 05, 2014, https://www.fnb.co.za/rewards/earn/about-eBucks-rewards.html

[9] "eBucks Rewards Programme Terms and Conditions", eBucks, accessed on March 05, 2014, https://www.eBucks.com/web/eBucks/legal/termsandconditions/

[10] Ibid.

[11] "eBucks - FAQ", eBucks, accessed on March 05, 2014, https://www.eBucks.com/web/eBucks/aboutus/FAQ.jsp

[12] "About eBucks", eBucks, accessed on March 05, 2014, https://www.eBucks.com/web/eBucks/aboutus/

[13] "eBucks - Earn from the Bank (FNB Credit Card)", eBucks, accessed on March 05, 2014, https://www.eBucks.com/web/eBucks/earn/fnb-credit-card.jsp;

"FNB Private Clients Rewards Terms and Conditions", FNB, accessed on March 05, 2014, PDF, https://www.fnb.co.za/downloads/private-clients/FNB_Private_Clients_T_and_C.pdf

[14] The eBucks Shop is an online shopping catalogue, located on the eBucks Website, where the customer can spend his eBucks.

[https://www.eBucks.com/web/eBucks/legal/termsandconditions]

[15] "eBucks Rewards Programme Terms and Conditions", eBucks, accessed on March 05, 2014, https://www.eBucks.com/web/eBucks/legal/termsandconditions/

[16]  "eBucks - Earn from the Bank (FNB Credit Card)", eBucks, accessed on March 05, 2014, https://www.eBucks.com/web/eBucks/earn/fnb-credit-card.jsp

[17] Ibid.

[18] "eBucks Rewards Programme Terms and Conditions", eBucks, accessed on March 06, 2014, https://www.eBucks.com/web/eBucks/legal/termsandconditions/

[19] "eBucks - FAQ", eBucks, accessed on March 06, 2014, https://www.eBucks.com/web/eBucks/aboutus/FAQ.jsp

[20] I'lā as-Sunan, vol. 14, pg. 512, Idarah al-Quran W'al-'Ulūm al-Islāmiyyah.

 

The author of I'lā as-Sunan further comments on this hadīth in the following words:

أخرجه الحارث بن أبي أسامة في مسنده قال الشيخ: حديث حسن لغيره، كذا في العزيزي (٨٧:٣)، وفي سنده سوار بن مصعب وهو متروك (التلخيص الحبير ٣٤٥:٢). قلت: و لما رواه شواهد كشيرة كما سيأتي و لأجل ذلك - والله اعلم - صححه إمام الحرمين كما في التلخيص أيضا 

[21] الْأَجِيرُ الْمُشْتَرَكُ لَا يَسْتَحِقُّ الْأُجْرَةَ إلَّا بِالْعَمَلِ. 

 أَيْ لَا يَسْتَحِقُّ الْأُجْرَةَ إلَّا بِعَمَلِ مَا اُسْتُؤْجِرَ لِعَمَلِهِ؛ لِأَنَّ الْإِجَارَةَ عَقْدُ مُعَاوَضَةٍ فَتَقْتَضِي الْمُسَاوَاةَ بَيْنَهُمَا فَمَا لَمْ يُسَلَّمْ الْمَعْقُودُ عَلَيْهِ لِلْمُسْتَأْجِرِ لَا يُسَلَّمُ لَهُ الْعِوَضُ وَالْمَعْقُودُ عَلَيْهِ هُوَ الْعَمَلُ، أَوْ أَثَرُهُ عَلَى مَا بَيَّنَّا؛ فَلَا بُدَّ مِنْ الْعَمَلِ.(زَيْلَعِيٌّ. رَدُّ الْمُحْتَارِ) . فَمَتَى، أَوْفَى الْعَامِلُ الْعَمَلَ اُسْتُحِقَّتْ الْأُجْرَةُ

عَلَى ذَلِكَ لَا تُسْتَحَقُّ الْأُجْرَةُ فِي الْأَعْمَالِ الَّتِي يَكُونُ لَهَا أَثَرٌ كَالْخِيَاطَةِ إلَّا بِالْفَرَاغِ مِنْ الْعَمَلِ وَتَسْلِيمِ الْمَعْقُودِ عَلَيْهِ لِلْمُسْتَأْجِرِ أَمَّا فِي الْأَعْمَالِ الَّتِي لَا يَكُونُ لَهَا أَثَرٌ ظَاهِرٌ كَحَمْلِ الْحِمْلِ فَتُسْتَحَقُّ الْأُجْرَةُ فِيهَا بِالْفَرَاغِ مِنْ الْعَمَلِ

(درر الحكام شرح مجلة الأحكام، ج ١، ص ٤١٢، دار الكتب العلمية)

 

[22] الْعِبْرَةُ فِي الْعُقُودِ لِلْمَعَانِي دُونَ الْأَلْفَاظِ

(رد المحتار علي الدر المختار، ج ٣، ص ١٧، ايج ايم سعيد كمبني)

كذا في التبيين، ج ٥، ص ١٠٢، مكتبة امدادية

 

[23] "eBucks Rewards Programme Terms and Conditions", eBucks, accessed on March 06, 2014, https://www.eBucks.com/web/eBucks/legal/termsandconditions/

[24] Ibid.

[25] "eBucks - FAQ", eBucks, accessed on March 06, 2014, https://www.eBucks.com/web/eBucks/aboutus/FAQ.jsp

[26] "eBucks Rewards Programme Terms and Conditions", eBucks, accessed on March 06, 2014, https://www.eBucks.com/web/eBucks/legal/termsandconditions/

[27] "eBucks - FAQ", eBucks, accessed on March 07, 2014, https://www.eBucks.com/web/eBucks/aboutus/FAQ.jsp

[28] "FNB Private Clients Rewards Terms and Conditions", FNB, accessed on March 07, 2014, PDF, https://www.fnb.co.za/downloads/private-clients/FNB_Private_Clients_T_and_C.pdf

[29] "FNB Private Clients Rewards Terms and Conditions", FNB, accessed on March 08, 2014, PDF, https://www.fnb.co.za/downloads/private-clients/FNB_Private_Clients_T_and_C.pdf

[30] "eBucks - Earn from the Bank (FNB Credit Card)", eBucks, accessed on March 08, 2014, https://www.eBucks.com/web/eBucks/earn/fnb-credit-card.jsp;

[31] It is important to take note that none of the transactions listed are a precondition to the signup of the eBucks Programme itself resulting in a safaqah fi safaqah (even though certain conditions can be overcome through a condition that is muta'ārif and does not lead to munāza'ah). They are only options available to its customers which they can choose to utilize or not.

[32] "eBucks - FAQ", eBucks, accessed on March 08, 2014, https://www.eBucks.com/web/eBucks/aboutus/FAQ.jsp

[33] Ibid., accessed on March 09, 2014

[34]هي بيع منفعة معلومة بأجرة معلوم

(كنز الدقائق، ج ٢، ص ٢٧٥، إدارة القرآن والعلوم الإسلامية)

 

[35] المادة ٤٥١:يشترط في الإجارة أن تكون المنفعة معلومة بوجه يكون مانعا للمنازعة

المادة ٤٥٥: تكون المنفعة معلومة في استيجار اهل الصنعة بببيان العمل يعني بتعيين ما يعمل الأجير أو تعيين كيفية عمله

[قال الأتاسي]  يعني أن معلومية المنفعة في استيجار اهل الصنعة إنما تكون ببيان العمل بيانا يرفع الجهالة المؤدية الي المنازعة

(شرح المجلة، ج ٢، ص ٥٣٢-٥٣٨، مكتبة رشيدية)

 

[36] ويجوز للبائع أن يزيد المشتري في المبيع، ويجوز أن يحط عن الثمن، ويتعلق الاستحقاق بجميع ذلك

(ويجوز للبائع أن يزيد المشتري في المبيع ويجوز أن يحط عن الثمن) ش: زيادة البائع للمشتري في البيع جائزة ما دام المبيع قائما لأن المعقود عليه ما دام قائما كان العقد قائما لقيام أثره وهو الملك المستفاد في العين فإذا هلك لم تصح الزيادة لأن العدم لا يصح تغييره بخلاف الحط فإنه يصح بعد هلاك المعقود عليه، فإنه لو أمكن أن يجعل تغييرا للعقد بأن كان العقد قائما جعل تغييرا وإن لم يكن جعله تغييرا كما في حالة الهلاك جعل برءا عن الدين فصح الحط في الحالين.

(البناية شرح الهداية، ج ١٠، ص ٣٨٠، المكتبة الحقانية) 

 

[37] أَمَّا رُكْنُ الْهِبَةِ فَهُوَ الْإِيجَابُ مِنْ الْوَاهِبِ فَأَمَّا الْقَبُولُ مِنْ الْمَوْهُوبِ لَهُ فَلَيْسَ بِرُكْنٍ اسْتِحْسَانًا... (وَجْهُ) الِاسْتِحْسَانِ أَنَّ الْهِبَةَ فِي اللُّغَةِ عِبَارَةٌ عَنْ مُجَرَّدِ إيجَابِ الْمَالِكِ مِنْ غَيْرِ شَرِيطَةِ الْقَبُولِ وَإِنَّمَا الْقَبُولُ وَالْقَبْضُ لِثُبُوتِ حُكْمِهَا لَا لِوُجُودِهَا فِي نَفْسِهَا فَإِذَا أَوْجَبَ فَقَدْ أَتَى بِالْهِبَةِ فَتَرَتَّبَ عَلَيْهَا الْأَحْكَامُ

(بدائع الصنائع، ج ٨، ص ٨٤-٨٥، دار الكتب العلمية)

 

(قَوْلُهُ كِتَابُ الْهِبَةِ) هِيَ لُغَةً التَّفَضُّلُ عَلَى الْغَيْرِ بِمَا يَنْفَعُهُ وَلَوْ غَيْرَ مَالٍ وَاصْطِلَاحًا مَا أَشَارَ إلَيْهِ الْمُصَنِّفُ (قَوْلُهُ هِيَ تَمْلِيكُ الْعَيْنِ بِلَا عِوَضٍ) وَشَرَائِطُ صِحَّتِهَا فِي الْوَاهِبِ الْعَقْلُ وَالْبُلُوغُ وَالْمِلْكُ...وَفِي الْمَوْهُوبِ أَنْ يَكُونَ مَقْبُوضًا غَيْرَ مُشَاعٍ مُتَمَيِّزًا غَيْرَ مَشْغُولٍ عَلَى مَا سَيَأْتِي تَفْصِيلُهُ وَرُكْنُهَا هُوَ الْإِيجَابُ وَالْقَبُولُ وَحُكْمُهَا ثُبُوتُ الْمِلْكِ لِلْمَوْهُوبِ لَهُ غَيْرَ لَازِمٍ...وَأَنَّهَا لَا تَبْطُلُ بِالشُّرُوطِ الْفَاسِدَةِ حَتَّى لَوْ وَهَبَ لِرَجُلٍ عَبْدَهُ عَلَى أَنْ يُعْتِقَهُ صَحَّتْ الْهِبَةُ وَبَطَلَ الشَّرْطِ

(قَوْلُهُ وَقَبُولٍ) أَيْ صَحَّتْ الْهِبَةُ بِالْإِيجَابِ وَالْقَبُولِ فِي حَقِّ الْمَوْهُوبِ لَهُ لِأَنَّهُ عَقْدٌ فَيَنْعَقِدُ بِهِمَا كَسَائِرِ الْعُقُودِ قَيَّدْنَا بِكَوْنِهِمَا فِي حَقِّ الْمَوْهُوبِ لَهُ لِأَنَّهَا تَصِحُّ بِالْإِيجَابِ وَحْدَهُ فِي حَقِّ الْوَاهِبِ... (قَوْلُهُ وَقَبْضٍ بِلَا إذْنٍ فِي الْمَجْلِسِ وَبَعْدَهُ بِهِ) يَعْنِي وَبَعْدَ الْمَجْلِسِ لَا بُدَّ مِنْ الْإِذْنِ صَرِيحًا فَأَفَادَ أَنَّهُ لَا بُدَّ مِنْ الْقَبْضِ فِيهَا لِثُبُوتِ الْمِلْكِ لَا لِلصِّحَّةِ وَالتَّمَكُّنُ مِنْ الْقَبْضِ كَالْقَبْضِ

(البحر الرائق، ج ٧، ص ٢٨٤-٢٨٥، ايج ايم سعيد كمبني)

 

[38] Loc. cit.

[39] [قال الحصكفي] (وَحَرُمَ شَرْطُ الْجُعْلِ مِنْ الْجَانِبَيْنِ) إلَّا إذَا أَدْخَلَ مُحَلِّلًا بِشُرُوطِهِ كَمَا مَرَّ فِي الْحَظْرِ (لَا) يَحْرُمُ (مِنْ أَحَدِ الْجَانِبَيْنِ) اسْتِحْسَانًا

(الدر المختار مع حاشية ابن عابدين، ج ٦، ص ٧٥٢، ايج ايم سعيد كمبني)

 

(وَحُرِّمَ شَرْطُ الْجُعْلِ مِنْ الْجَانِبَيْنِ لَا مِنْ أَحَدِ الْجَانِبَيْنِ) لِمَا رَوَى ابْنُ عُمَرَ - رَضِيَ اللَّهُ عَنْهُمَا - «أَنَّ النَّبِيَّ - صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ - سَبَّقَ بِالْخَيْلِ وَرَاهَنَ»...وَلَا كَذَلِكَ إذَا شُرِطَ مِنْ جَانِبٍ وَاحِدٍ بِأَنْ يَقُولَ إنْ سَبَقْتنِي فَلَكَ عَلَيَّ كَذَا، وَإِنْ سَبَقْتُكَ فَلَا شَيْءَ لِي عَلَيْك لِأَنَّ النُّقْصَانَ وَالزِّيَادَةَ لَا يُمْكِنُ فِيهِمَا، وَإِنَّمَا فِي أَحَدِهِمَا يُمْكِنُ الزِّيَادَةُ، وَفِي الْآخَرِ النُّقْصَانُ فَقَطْ فَلَا يَكُون مُقَامَرَةً لِأَنَّ الْمُقَامَرَةَ مُفَاعَلَةٌ مِنْهُ فَتَقْتَضِي أَنْ تَكُونَ مِنْ الْجَانِبَيْنِ، وَإِذَا لَمْ يَكُنْ فِي مَعْنَاهُ جَازَ اسْتِحْسَانًا لِمَا رَوَيْنَا، وَالْقِيَاسُ أَنْ لَا يَجُوزَ لِمَا فِيهِ مِنْ تَعْلِيقِ التَّمْلِيكِ عَلَى الْخَطَرِ.

(تبيين الحقائق، ج ٢، ص ٢٢٧، مكتبة رشيدية)

 

وَحُرِّمَ شَرْطُ الْجُعَلِ من الْجَانِبَيْنِ لَا من أَحَدِ الْجَانِبَيْنِ وَمَعْنَى شَرْطِ الْجُعَلِ من الْجَانِبَيْنِ أَنْ يَقُولَ إنْ سَبَقَ فَرَسُك فَلَكَ عَلَيَّ كَذَا وَإِنْ سَبَقَ فَرَسِي فَلِي عَلَيْك كَذَا وهو قِمَارٌ فَلَا يَجُوزُ وإذا شُرِطَ من جَانِبٍ وَاحِدٍ بِأَنْ يَقُولَ إنْ سَبَقْتَنِي فَلَكَ عَلَيَّ كَذَا وَإِنْ سَبَقْتُك فَلَا شَيْءَ لي عَلَيْك جَازَ اسْتِحْسَانًا

(الفتاوي الهندية، ج ٦، ص ٤٤٥، مكتبة رشيدية)

[40] Loc. cit.

[41] "eBucks Rewards Programme Terms and Conditions", eBucks, accessed on March 09, 2014, https://www.eBucks.com/web/eBucks/legal/termsandconditions/

[42] "FNB Private Clients Rewards Terms and Conditions", FNB, accessed on March 10, 2014, PDF, https://www.fnb.co.za/downloads/private-clients/FNB_Private_Clients_T_and_C.pdf

[43] "eBucks Rewards Programme Terms and Conditions", eBucks, accessed on March 10, 2014, https://www.eBucks.com/web/eBucks/legal/termsandconditions/

[44] Ibid., accessed on March 10, 2014

[45] Ibid.

[46] Ibid.

[47] Sunan Ibn Majah, 2432, The Chapters on Charity

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