التكييف الشرعي للتعامل بالبطاقات البنكية وآثارها المترتبة

Shariah Characterization of Transactions Ensuing from Bank Cards

Abstract

One of the comprehensiveness in the perfection of Shariat is that whenever something new comes into existence, we form an opinion about it by considering its various aspects including its legal point of view. Similarly, Shariah Scholars establishes an opinion about all such matters in the light of the Qur'an and the Sunnah to make it workable for the society. Along with the development of business and economy, their institutions also developed. Similarly, banking systems, currency notes, buying and selling, payment and payment methods also developed over the time and are still progressing further.  Specifically, banking operations, products and bank notes have also gone through the same stages of development. Today a new banking product is in front of us in the form of bank card and these cards have largely replaced the currency notes. 

Now the question in such a case is that what is the Shariah guidance regarding the bank cards that have taken a new form of currency these days? What is the legal reasoning of the payments being through card in Shariat? Similarly, where do these bank cards stand in the principles stated by our classical jurists in the light of the Qur'an and Sunnah. Additionally, in which category do these business transactions fall? Either Shariah consider these transactions as a qaraz, wakalah, kafalah, zaman, hawala or there will be a new contract made up by the merger of all above?

This study provides a guideline in explaining these different relationships that are being established through these cards in various matters in the light of Qur'an and Sunnah. This study also helps in explaining the different types of triangle nexus among the businessman, banker and consumer that can be made feasible by clarifying the daily life in the light of Sharia.