In car business, to change mileage and year and cheat customer?? To pay VAT & taxes less? Company provide car bought on lease?

· 1 Muharram 1435 AH2 min readFatwa 27434English

Question

In car business, to change mileage and year and cheat customer??

To pay VAT & taxes less?? Company provide car bought on lease??

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

Apart from other aspects of evaluating a motor vehicle, the model (year) and mileage of the motor vehicle are among the most important considerations in evaluating a motor vehicle. The younger the model (year) of a vehicle, the higher the value. Similarly, the lower the mileage of the vehicle, the higher the value. To lie and cheat customers by changing the mileage on the odometer and the model of the vehicle are acts of deception which is strictly prohibited in Shariah. Allah Ta’ala says,

Translation: Then we shall pray sincerely and place Allah’s curse on the liars. [3:61]

Rasulullah (Sallallahu Alaihi Wa Sallam) states,

Translation: Whoever deceives, he is not from amongst us. [Tirmidhi 1315]

Rasulullah (Sallallahu Alaihi Wa Sallam) also states,

Translation: The signs of a hypocrite are three: Whenever he speaks, he tells a lie. Whenever he promises, he breaks his promise. If you trust him, he proves to be dishonest. [Bukhari 33]

In another narration, Rasulullah (Sallallahu Alaihi Wa Sallam) is reported to have said,

Translation: If they spoke the truth and clarified (any defects or conditions), then they would be blessed in their sale, and if they hid something and lied then their sale would be deprived of blessings. [Tirmidhi 1246]

If the customer discovered that the odometer or/and the model of the car was changed and the car was sold with a higher price, that is regarded as a defect in the car. The customer has a right to return the car and he has a right to claim back his money. [i]

Kindly clarify and explain the details in the second part of your query in order for us to advise further.

And Allah Ta’āla Knows Best

Fahad Abdul Wahab

Student Darul Iftaa
U.S.A

Checked and Approved by,
Mufti Ebrahim Desai.

References (Arabic / Urdu sources)

فَنَجْعَلْ لَعْنَتَ اللَّهِ عَلَى الْكَاذِبِينَ

مَنْ غَشَّ فَلَيْسَ مِنَّا

آيَةُ المُنَافِقِ ثَلاَثٌ: إِذَا حَدَّثَ كَذَبَ، وَإِذَا وَعَدَ أَخْلَفَ، وَإِذَا اؤْتُمِنَ خَانَ

فَإِنْ صَدَقَا وَبَيَّنَا بُورِكَ لَهُمَا فِي بَيْعِهِمَا، وَإِنْ كَتَمَا وَكَذَبَا مُحِقَتْ بَرَكَةُ بَيْعِهِمَا

[i] (إذا اطلع المشتري على عيب في المبيع) كان عند البائع ولم يره المشتري عند البيع ولا عند القبض، لأن ذلك رضى به، هداية (فهو بالخيار: إن شاء أخذ بجميع الثمن، وإن شاء رده) ، لأن مطلق العقد يقتضي وصف السلامة فعند فواته يتخير، كيلا يتضرر بلزوم ما لا يرضى به

[اللباب فى شرح الكتاب ج3 ص46]

Answered by
Fahad Abdul Wahab
Checked & approved by
Mufti Ebrahim Desai
Questions about this ruling, answered only from the archive with sources.

Where scholars differ, it’s safer to take the more cautious view.

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