Money Transfer Fraud
| Fatwa #1186 | Category: Business & Trade | Country: Zimbabwe | Date: 5th August 2024 |
| Fatwa #1186 | Date: 5th August 2024 |
| Category: Business & Trade | |
| Country: Zimbabwe | |
Question
As Salaamu Alaikum Wa Rahmatullahi Wa Barakatuhu.
Respected Mufti Saheb, I would like to know what the Shariah ruling is in the undermentioned issue.
I do rand payments for whoever wants in exchange for dollars. So when my clients ask for EFT (bank transfer) rands, I give them a rate. If they are happy they say ok transfer X amount to this account.
Once transfer is done they drop the money to me. I take my markup from that and go and give the cash to who did the rand payment for me.
So, in this instance, my client asked for a rate. I asked my rands supplier for his rate, who gave me a rate. I then gave my client a rate which he accepted and asked me to do a payment to an account in SA. I then asked my rand supplier to make the payment. He sent me the proofs of payments which I then forwarded to my client. I got paid and went and dropped the cash to my rand supplier. Everyone happy because my client paid me for the rands, and I paid my rands supplier for the payment he made.
Now almost 6 months later my client called to say the funds never reflected so I went back to my rands supplier and said Boss please check, the finds haven’t reflected in the account. He first got upset as to why it took me so long and I said I was under the impression everything was ok. I can’t raise an issue if my client doesn’t say anything. He made a call to his guy to ask about the payments and the guy on the phone immediately said I hope it’s not ray standard bank problem (This to me meant, they knew there was an issue).
Anyways after back and forth they laid the blame on me and my client saying they can’t except thus, as we had taken 6 months to check if the funds reflected or not. So, I went back to my clients, and they simply said “Mohamed, we paid you for rands you’ve got out money. Please ensure we get our money because the proofs of payments I gave them were fake.”
My supplier agreed they were fake copies because whoever sent the copies was now nowhere to be found. Now as a matter of principle, I said to my rand supplier please make a payment to my client because they have paid, and I will repay the amount slowly. Because as far as I know it’s not my client’s fault as they paid me for rands so I should give them the rands. My rands supplier refused to take blame and said the bill must be split 3 ways;
1/3 each (That is me, Him and his supplier). I initially refused as it wasn’t my fault. I paid them for what they claim they transferred and provided fake copies. But they said it’s up to me to accept because I had taken almost 6 months to tell them that the funds were not reflecting. So, I said but you gave me fake copies. The money was never transferred to my client, yet you accepted my payment for the fake copies.
In the end I accepted under duress as I had to pay my client since they had given me the funds for the rands because their supplier was refusing to deliver the goods as there was no payment made. The payment was finally made but I lost a client and they said they can’t deal with someone who provides fake copies and I paid 1/3 of a bill I had already paid for initially in full.
Please advise on this as I believe I shouldn’t be liable to pay again. The rands supplier should take it up with his guy as that’s not my problem. I paid for rands that were never delivered regardless of the time taken for me to confirm if the funds reflected or not especially if they knew that bank was an issue.
Your prompt response shall highly be appreciated.
Jazakumullaahu Khairan
Answer
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
The supplier not making the required payment is theft and fraud. If possible, legal action should be taken against him unless he agrees to reimburse the full amount.
In the transaction described, you play the role of an agent on behalf of your client. You are not simply bringing two parties together and charging a fee, rather, you are specifically working at the behest of your client. Accordingly, the immediate consequences of the transaction fall back onto the agent, not the client.[1] Therefore, your client will have the right to hold you liable, and you in turn will hold your supplier liable. The right of your client is not contingent on your supplier actually paying the money back to you.
And Allah Ta’āla Knows Best
Mufti Bilal Pandor
Concurred by
Mufti Muhammad Patel
Darul Iftaa Mahmudiyyah
Lusaka, Zambia
الهداية في شرح بداية المبتدي (3/ 140) [1]
قال: “وإذا دفع الوكيل بالشراء الثمن من ماله وقبض المبيع فله أن يرجع به على الموكل”؛ لأنه انعقدت بينهما مبادلة حكمية ولهذا إذا اختلفا في الثمن يتحالفان ويرد الموكل بالعيب على الوكيل وقد سلم المشتري للموكل من جهة الوكيل فيرجع عليه ولأن الحقوق لما كانت راجعة إليه وقد علمه الموكل يكون راضيا بدفعه من ماله
المجلة – ط. هواويني (ص: 292)
مادة 1504 إذا كان الوكيل 1449 بغير أجرة 404 فلا يكون مجبورا على استيفاء ثمن 152 المال 126 الذي باعه 120 ولا على تحصيله ولكن يلزم أن يوكل 1449 موكله 1449 بقبض وتحصيل الثمن إذا لم يحصله برضائه وأما الوكيل بالبيع بأجرة كالدلال والسمسار فهو مجبور على تحصيل الثمن واستيفائه