Can a person sell a car which is in the custody of the traffic department?

  • 07 Mar 2013 08:24:18
  • Norway

Question

Can a person sell his car which is in the custody of the traffic police department. He doesn’t have the amount to release his car. The buyer agrees to buy his car for 40,000 for example if it is in a sound condition or pay less if the condition is not sound. He pays the traffic department a fine of 5000 to release his car and finds his car in a sound condition. Now he pays the seller 35,000 because he has already paid 5000 to release his car. Is this transaction valid?

Answer:

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

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

Our understanding of the specific contract in reference is as follows “Can a person sell his car which is in the traffic police department to another person for 40.000. The purchaser will pay the 5,000 fine to the traffic department as part of the purchase price. The total purchase price will be 40,000 if the car is in a sound condition. However, if the car is not in a sound condition, the price may be lowered. Is this transaction valid?”

The above transaction is not Shariah Compliant for the following reasons:

1. Gharar (Future Uncertainty/Speculation)

Shariah prohibits any transaction which has an element of Gharar (future uncertainty). Therefore, the above transaction is not Shariah Compliant since the transaction is based on a future contingency or uncertainty, i.e. releasing of the car by the traffic police department.

2. Jahalah Fahishah (Major Obscurity)

Shariah prohibits all transactions which have any element of severe/major obscurity. Therefore, the transaction in reference is not Shariah Compliant since the purchase price of the vehicle is not fixed and certain. The purchase price might be altered in the event that the vehicle is not in a sound condition.

3. Sharth Fasid (Invalid clause)

According to Shariah, unreasonable conditions that go against the inherent elements of a sale are prohibited. Therefore, the above transaction is not Shariah Compliant since the purchase of the car is dependent on the payment of the 5.000 fine to the traffic police department.

and Allah Ta'ala Knows Best

(Mawlana) Ismail Desai
Student: Darul Ifta

Disclaimer: The views and opinions expressed in this answer belong only to the author and do not in any way represent or reflect the views of any organizations to which he may be affiliated with. The opinions and educational information proffered in this communication are based on the jurisprudential understanding and available knowledge of the author. Given that contemporary issues and interpretations of contemporary issues are subjective in nature, another scholar may reach different juristic inferences and conclusions to those as expressed by the author. Whilst every effort has been taken to ensure total academic integrity and honesty, the author is open to corrective measures based on sound academics and juristic inferences. The Shari’ah ruling given herein is based specifically on the specific scenario in question. The author bears no responsibility towards any party that acts or does not act on this answer and is exempted from any and all forms of loss or damage. This answer may not be used as evidence in any court of law without prior written consent from the author. Any or all links provided in our emails, answers and articles are restricted to the specific material being cited. Such referencing should not be taken as an endorsement of other contents of that website.