This reminds me of a Fatwah that was given on this issue by Dr. Sani Umar Rijiyar Lemu (Hafizahullah). He was asked during his Tafseer in Bauchi, year 1436AH, & alhamdulillahi I was present during that Tafseer when the question was asked. @abdussama & @umarunazare were there.
Earlier, Dr. gave the Fatwa that it was Haram. However, one of his students, according to him, called his attention to the Fatwa & explained to him how actually the concept is. Therefore the next day, he withdraw his earlier Fatwah due to the following reasons:
1st, this cannot fall under a loan of money for money, thus the concept of Ribal Qardh (interest of loan) cannot come in. Secondly, the actual transaction here involves a subscriber of MTN services purchasing of an airtime service which goes for N100, but he was charged N110.
The fact that money is mentioned in the transaction doesn't mean that it is an exchange of money for money. It is an exchange of a service with money, which the providers refused to sell to him at the actual price & made an increment to the amount. This is nothing in Shariah.
This is because, it is their services. They can decide to make an increase in the price & you accept, just as they might decide to give you a bonus & you ll accept either. What will confirm to you that what you get from them isn't real money but services is the fact that,
You cannot conventional go to any supermarket or a shop, buy some groceries & decide to pay with the airtime you have. This clearly shows that, although it might have been written on it N750 or N1500, it still isn't money, but service worth that amount. Again,
the same manner it is permissible for you to walk into an MTN shop & they decide to sell a N100 recharge to you at N110, or they might decide to give you a discount of N5, & you pay N95, although it is written N100 on it. No learned person can say this is sin. No where.
In the real sense, recharge cards are not monies, but services worth that amount you purchase. And that is why, immediately you scratched & made use of the digits, you throw away the card, although it has been written on it N100 or N1500.
This position (Fatwah) is as well the position of other learned scholars of Dr. Sani's caliber, like Dr. Bashir Aliyu Umar.
We should be very careful in jumping to saying things are Halal or Haram without knowledge. If we must do, let us quote what scholars say.
We should be very careful in jumping to saying things are Halal or Haram without knowledge. If we must do, let us quote what scholars say.
