The Social Aspect of ... Date Added: 14-03-2024

Ramadan: The Month of ... Date Added: 13-03-2024

From Etiquettes of Fasting Date Added: 12-03-2024

Tips for Seizing the ... Date Added: 11-03-2024

On the Occasion of ... Date Added: 02-04-2024

The Glad-Tidings for those ... Date Added: 20-03-2024

The Importance of Time ... Date Added: 18-03-2024

Ramadan: The School of ... Date Added: 17-03-2024

Search Fatawaa


Subject : Ruling on Dealing with Electronic Clearing

Fatwa Number : 3406

Date : 30-07-2018

Classified : Current Financial Issues

Fatwa Type : Search Fatawaa


Question :

What is the ruling of Sharia on dealing with the electronic clearing employed by banks nowadays?



The Answer :

All perfect praise be to Allah, the Lord of the Worlds, and may His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.


Electronic clearing is a process of exchanging information (Including data, images, codes and cheques) by electronic means through the clearing house at the Central Bank of Jordan, in addition to specifying the net balance of the accounts resulting from this process at a particular time. These cheques are debts due on the cheque`s payer to the cheque`s payee. In this case, banks are deputized to collect debts through the clearing house run by the Central Bank. Electronic clearing is tantamount to presumptive encashment of the cheque collected by the payee`s bank from the payer`s.


Resolution No.(55/4/6) by the International Islamic Fiqh Academy stated: “Some forms of presumptive encashment considerable by Sharia and custom are:


1- Bank charge of a certain sum in client account in the following cases:


A- Direct deposit or a bank draft.


B- An immediate stock exchange contract between the client and the bank in case the latter purchased currency in the favor of the former.


C- The bank-upon request of the client-deducting a certain sum from his account and placing it in another with a different currency, in the same bank or else and in favor of the client or another beneficiary. It is imperative that banks consider the rulings of the exchange contract in light of Islamic laws. It is excused to defer the bank charge to the extent with which the beneficiary is able to actually receive the sum within the customary timelines. However, it is impermissible for the beneficiary to dispose of the currency during the excused period i.e. he can dispose of the currency after the excused period, and the sum must go into the account of both parties.


2- Reception of the cheque that has a drawable balance and in the currency stipulated in the cheque upon its collection, but the bank sequestrated it.


In conclusion, electronic clearing is a system of collecting cheques from banks where hand-to-hand exchange isn`t a condition. Rather, in "Electronic transactions", it suffices to make transfers to accounts or to use any other method, which Sharia and custom consider as immediate rather than delayed payment.And Allah knows best.







Comments

 

Name *

E. mail Address *

Country

Comment Title *

Comment *

Captcha
 
 

Warning: this window is not dedicated to receive religious questions, but to comment on topics published for the benefit of the site administrators—and not for publication. We are pleased to receive religious questions in the section "Send Your Question". So we apologize to readers for not answering any questions through this window of "Comments" for the sake of work organization. Thank you.