Question:
Oh Virtuous Shaikh! In regards to the offers of cell phone companies, the origin in the company is to necessitate that the one joining (the company is) to sign (up) to an annual subscription by paying for the costs of the calls he makes on the cell phone monthly. In some recent offers, oh Shaikh, the company says, ‘we will drop the annual subscription with the condition that you pay 10 dinars every month and this 10 dinars includes the calls.’ So if you call for 10 dinars worth, there is nothing requested of you and if you increase your calls above 10 dinars, it is taken from you a specific cost for every minute. As for if the client speaks for 6 dinars worth and the month ends, the company says, ‘the four dinars will not be returned to you and will not be moved to the next month.’ So what is the ruling on this dealing?
Shaikh:
Is the confusion now (that)
- does the company stipulate that you subscribe for one year?
Or is the confusion that
- if you call over 10 dinars, then it is against him, and if he decreases, it is against him?
Questioner:
The second issue.
Shaikh:
There is no issue here because if the higher ceiling is fixed, then it ends, and there is no problem. If it is said the amount of calls is fixed at 10 dinars worth, then there is no harm in this because if you call 5 dinars worth and he knows that the additional [time/worth] is gone, then he is upon the origin.
Questioner:
The additional [time/worth] is gone
Shaikh:
It has left him by his choice.
[Liqaa Bab al-Maftooh no. 231]
Translated by
Faisal Ibn Abdul Qaadir Ibn Hassan
Abu Sulaymaan
