Are My Debit Card Transactions Lawful If I Forgot About The Bank Charges?

Question

My bank takes a percentage of the price of goods bought with a debit card as a fee for certain types of transactions. I’ve agreed to this previously, obviously. I understand that every such transaction would be an open offer from the bank for the user to accept each time. Is that correct?

So, if I had forgotten about this fee when purchasing something, is the transaction sinful, and was the purchase of goods from the vendor valid? I was not conscious that I would be charged to use the card at a particular instance in which I was. If invalid, what should I do to rectify it?

Answer

In the Name of Allah, the Most Merciful and Compassionate.

May Allah alleviate our difficulties and guide us to what pleases Him. Amin.

According to the situation described, it is essential to note that the permissibility of transactions and the ruling on their validity depend on various factors, including the specific terms and conditions agreed upon by the parties involved. As you mentioned, you had previously agreed to the bank’s fee for certain types of transactions, which indicates your awareness and consent to the charges.

In Islamic jurisprudence, the concept of a valid contract requires an offer and acceptance, though this need not be explicitly stated. In this case, you have fulfilled the requirement of consent and understanding by agreeing to the bank’s fee for transactions. Therefore, purchasing goods from the vendor would generally be considered valid, and Allah knows best. [Shirbini, Mughni al-Muhtaj]

Forgetting about the fee at the time of the transaction does not invalidate the purchase nor render it sinful, and Allah knows best.

I pray this is of benefit and that Allah guides us all.
[Shaykh] Irshaad Sedick
Checked and Approved by Shaykh Faraz Rabbani

Shaykh Irshaad Sedick was raised in South Africa in a traditional Muslim family. He graduated from Dar al-Ulum al-Arabiyyah al-Islamiyyah in Strand, Western Cape, under the guidance of the late world-renowned scholar Shaykh Taha Karaan.

Shaykh Irshaad received Ijaza from many luminaries of the Islamic world, including Shaykh Taha Karaan, Mawlana Yusuf Karaan, and Mawlana Abdul Hafeez Makki, among others.

He is the author of the text “The Musnad of Ahmad ibn Hanbal: A Hujjah or not?” He has served as the Director of the Discover Islam Centre and Al Jeem Foundation. For the last five years till present, he has served as the Khatib of Masjid Ar-Rashideen, Mowbray, Cape Town.

Shaykh Irshaad has thirteen years of teaching experience at some of the leading Islamic institutes in Cape Town). He is currently building an Islamic online learning and media platform called ‘Isnad Academy’ and has completed his Master’s degree in the study of Islam at the University of Johannesburg. He has a keen interest in healthy living and fitness.