Fatwa's Insights

THE 48TH MEETING OF THE PERLIS STATE FATWA COMMITTEE / 2020

14 - 15 SEPTEMBER 2020 / 26 - 27 MUHARRAM 1442H

THE METHODE OF ONLINE GOLD BUYING AND SELLING TRANSACTION

Gold is a ribawi commodity (usurious commodity) subject to the conditions of sarf (currency exchange) transactions, if paid using money. Among the important conditions in the buying and selling of gold using money is that the contract and delivery occur in the same session, and may not be delayed.

Concerning the buying and selling of gold bars, pieces, nuggets or gold dust online, it is impossible for the delivery of that gold to occur physically immediately into the hands of the buyer, however delivery (qabd) can occur by the buyer appointing any party who is physically present at the seller's premises as his representative to perform qabd. At the same time, to avoid the risk of fraud, the seller must agree to take on the trust of delivering the gold to the buyer.

To avoid doubt, the seller must present the offer (ijab) in detail such as the image of the gold, weight, serial number (if any) and other specifications or any evidence of transaction to prevent fraud.

For those who are not proficient regarding the buying and selling of gold bars, they should obtain advice and legal opinion from scholars in the relevant field.

Approval of the Members of the Perlis State Fatwa Committee:

1. YBhg. S.S Prof Madya Dato' Arif Perkasa Dr Mohd Asri Bin Zainul Abidin – Mufti of the State of Perlis

2. Sahibul Fadhilah Dato' Kaya Bakti Dr. Mohd. Radzi bin Haji Othman

3. Sahibul Fadhilah Dato' Dr. Johari Bin Mat

4. Sahibul Fadhilah Profesor Dr. Basri bin Ibrahim

5. Sahibul Fadhilah Prof Madya Dr. Muhamad Rozaimi bin Ramle

6. Sahibul Fadhilah Dr. Hj Zaharuddin Bin Hj Abdul Rahman

7. Sahibul Fadhilah Prof. Madya Dr. Azman Bin Mohd Noor

8. Sahibul Fadhilah Prof Madya Dr. Mohd Akram Bin Dato' Dahaman @ Dahlan

9. Sahibul Fadhilah Dr. Kamilin Jamilin @ Ahmad Kamil Jamilin

10. Sahibul Fadhilah Dr Ahmad Sufian Bin Che Abdullah

11. Sahibul Fadhilah Ustaz Syed Abu Bakar Bin Syed Kamal Bharin

12. Ustaz Muhammad Khidhir bin Abdul Ghani

Endorsed at the Meeting of the Perlis Islamic Religious Council and Malay Customs (Majlis Agama Islam dan Adat Istiadat Melayu Perlis) Bil. 4/2020 on 9 November 2020.

THE 47TH MEETING OF THE PERLIS STATE FATWA COMMITTEE / 2020

24 OGOS 2020 / 5 MUHARRAM 1442H

GUIDELINES ON KHIYAR (RIGHT OF OPTION) FOR ONLINE TRANSACTIONS

Islam places great emphasis on the protection of rights involving all parties engaged in a contract. Therefore, the provision of the right to choose whether to continue the contract, cancel it, or amend it in in case of dispute, referred to as khiyar, is established for the buyer or lessee.

In the context of online transactions, Islamic law permits several types of rights of option for the buyer or lessee either to continue the contract, cancel it, or amend the contract (khiyar) with their conditions, namely the right of option due to defect (Khiyar al-'Aib), the right of option due to discrepancy in specifications (Khiyar Khalf al-Wasfi), and the right of option after viewing the goods (Khiyar al-Ru'yah).

1. The conditions for the right to choose to proceed with, cancel, or amend the contract due to a defect in the goods are as follows:

* There is no condition from the seller that he will not be responsible for defects in the goods before the contract takes place.

* The defect affects the value or quality of the goods.

* The defect is not caused by the buyer or lessee. If the goods courier is appointed by the seller, then the seller is responsible for any defects to the goods during the delivery process. If the goods courier is appointed by the buyer, the buyer has no right to claim compensation from the seller. 

* The buyer notifies immediately or within the agreed period (if any) of the defect that has occurred to the seller upon discovering it, unless there is a reasonable impediment. 

* The buyer does not use the goods after becoming aware of its defect.

2. The conditions for the right to choose to proceed with, cancel, or amend the contract due to discrepancy in specifications are as follows:

* The buyer finds that the purchased goods do not match those advertised online, with a significant difference, and the seller did not specify the goods' details clearly. 

* The goods received by the buyer or lessee do not match those stated by the seller or lessor. 

* The buyer notifies immediately or within the agreed period (if any) of the defect that has occurred to the seller upon discovering it, unless there is a reasonable impediment. 

* The buyer does not use the goods after becoming aware of the discrepancy in its specifications.

If the conditions of khiyar are fulfilled, the buyer may either proceed with the contract (accepting the goods as they are), exchange them, cancel the contract, or claim compensation.

Approval of the Members of the Perlis State Fatwa Committee:

1. YBhg. S.S Prof Madya Dato' Arif Perkasa Dr Mohd Asri Bin Zainul Abidin – Mufti of the State of Perlis

2. Sahibul Fadhilah Dato' Kaya Bakti Dr. Mohd. Radzi bin Haji Othman

3. Sahibul Fadhilah Dato' Dr. Johari Bin Mat

4. Sahibul Fadhilah Profesor Dr. Basri bin Ibrahim

5. Sahibul Fadhilah Prof Madya Dr. Muhamad Rozaimi bin Ramle

6. Sahibul Fadhilah Dr. Hj Zaharuddin Bin Hj Abdul Rahman

7. Sahibul Fadhilah Prof. Madya Dr. Azman Bin Mohd Noor

8. Sahibul Fadhilah Prof Madya Dr. Mohd Akram Bin Dato' Dahaman @ Dahlan

9. Sahibul Fadhilah Dr. Kamilin Jamilin @ Ahmad Kamil Jamilin

10. Sahibul Fadhilah Dr Ahmad Sufian Bin Che Abdullah

11. Sahibul Fadhilah Prof Madya Dr Ahmad Wifaq Bin Mokhtar

12. Sahibul Fadhilah Ustaz Syed Abu Bakar Bin Syed Kamal Bharin

13. Ustaz Muhammad Khidhir Bin Abdul Ghani – Secretary

Endorsed at the Meeting of the Perlis Islamic Religious Council and Malay Customs (Majlis Agama Islam dan Adat Istiadat Melayu Perlis) Bil. 3/2020 on 10 September 2020.

THE 45TH MEETING OF THE PERLIS STATE FATWA COMMITTEE / 2020

25 - 26 FEBRUARI 2020 / 1 - 2 REJAB 1441H

THE RATE OF ZAKAT FITRAH FOR THE STATE OF PERLIS FOR THE YEAR 1441H/2020M

The Zakat Fitrah rate for Perlis State in 1441H/2020M is RM 7.00, and for Muslims fulfilling fitrah with rice, the disbursement rate is one nabawi gantang (2.6 kilograms) per person.

THE 52ND MEETING OF THE PERLIS STATE FATWA COMMITTEE / 2021

19 - 20 MAC 2021 / 6 - 7 SYA'BAN 1442H

RATE OF ZAKAT FITRAH FOR THE STATE OF PERLIS FOR THE YEAR 1442H/2021M

The zakat fitrah rate for Perlis State in 1442H/2021M amounts to RM 7.00, and for Muslims fulfilling fitrah with rice, the disbursement rate is one nabawi gantang (2.6 kilograms) per person.

Approval of the Members of the Perlis State Fatwa Committee:

1. YBhg. S.S Prof Madya Dato' Arif Perkasa Dr Mohd Asri Bin Zainul Abidin – Mufti of the State of Perlis

2. Sahibul Fadhilah Prof Dato' Kaya Bakti Dr. Mohd. Radzi bin Haji Othman

3. Sahibul Fadhilah Dato' Dr. Johari Bin Mat

4. Sahibul Fadhilah Profesor Dr. Basri bin Ibrahim

5. Sahibul Fadhilah Prof Madya Dr. Muhamad Rozaimi bin Ramle

6. Sahibul Fadhilah Dr. Hj Zaharuddin Bin Hj Abdul Rahman

7. Sahibul Fadhilah Prof. Madya Dr. Azman Bin Mohd Noor

8. Sahibul Fadhilah Prof Madya Dr. Mohd Akram Bin Dato' Dahaman @ Dahlan

9. Sahibul Fadhilah Dr. Kamilin Jamilin @ Ahmad Kamil Jamilin

10. Sahibul Fadhilah Dr Ahmad Sufian Bin Che Abdullah

11. Sahibul Fadhilah Prof Madya Dr Ahmad Wifaq Bin Mokhtar

12. Sahibul Fadhilah Ustaz Syed Abu Bakar Bin Syed Kamal Bharin

13. Ustaz Muhammad Khidhir Bin Abdul Ghani – Secretary

Endorsed at the Meeting of the Perlis Islamic Religious Council and Malay Customs (Majlis Agama Islam dan Adat Istiadat Melayu Perlis) Bil. 2/2021 on 22 March 2021.