Question :
A question was asked regarding [the validity of using] discount cards.
Fatwa in Brief: This is not permitted.
Such cards are produced by those who [are content
to] devour the property of others, contribute to
consumerism, and create enmity between shop owners.
The Permanent Committee, 14/13-16
Response:
If the person who buys this
type of card knows that the money s/he saves through the
discount card is likely to exceed the money s/he spent
on the card, then buying such cards is permitted. The
resulting transaction is to be considered as a form of
sale or discount.
Commentary:
First, providing that these cards are given out freely,
it is permitted to produce and accept. This is because
they may be seen as a form of donation or gift (hiba).
Second, it is also permitted to produce and use discount
cards, in return for which you pay an annual
subscription. The card owner
should also know that the amount saved through the
discounts on offer exceeds the price of the card. In
turn, the seller benefits from promoting (tarwij)
his/her products at a reasonable price. There exists no
legal prohibition on this matter. Rather, it must be
considered a form of sale or discount. It is
unconnected with “devouring the property of others”.
Third: it is not permitted to produce and accept these
cards if the [potential] buyer
is not sure that s/he will benefit from them or not.
Indeed, in this case, these cards may contribute to the
devouring of property. If the buyer pays an
amount of money and does not know what s/he will get in
return, then the damage (gharam) [to one’s pocket
and religion] is certain (mutahaqiq), while the
gain (ghanam) remains merely hypothetical. And,
in the sound hadith included in the collection of
Muslim, the Prophet (upon him be peace) prohibited any
sale which may lead to the devouring of other people’s
property.
And God knows best.
Dr. Sami Ibn Ibrahim al-Suwaylam said:
Regarding the discount card, modern scholars disagree on
its rulings. Some argue that it is prohibited outright
on the grounds that it is a type of gambling (maysir)
and, therefore, results in damage (gharar) [to
one’s pocket and religion]. This is the case when the
buyer pays the price of the card without knowing whether
s/he will benefit from it. Here, he hesitates between
winning and losing [in an action similar to gambling].
Others argue that these cards are permitted. They do so
on the grounds that what one pays for is the work of the
mediator in convincing the shop to lower its prices [and
sell its products at a discount]. In this case, the
price of the card is merely the fee one pays to the
mediator [i.e. the card’s manufacture]. (Check: Khalid
al-Muslih, al-Hawafiz al-Tugariyya, pp. 179-192).
[Before buying these cards] it is important to obtain
detailed information [on their uses]. God knows best,
but there is no legal objection to someone who says:
“get me a discount from a shop, and, in return, I’ll
give you this [a card]”. Imam Ahmad [Ibn Hanbal], for
instance, argues that it is permitted that a person says
to another [who acts as his mediator]: “borrow one
hundred for me from such and such a place, and, in
return, I will give you ten [and this will suffice]”.[1]
And God knows best.[2]
Dr. Anas Abu Shadi
[1]
Al-Mughni, Dar Hajr, 6/441.
[2]
Sami ibn Ibrahim al-Suwaylam, a researcher in
Islamic finance, Fatawa Istisharat
al-Islam al-Yawm, p. 8, no. 464, 14th
/3/ 1425 AH.