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[Repaying a debt by bank-to-bank transfer and related matters3]

Mufti:
Alsayyed Muhammad b. Abdallah Awad Al-Muayyady
تاريخ النشر:
Fatwa number: 20919
Number of views: 1
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[Repaying a debt by bank-to-bank transfer and related matters3]
Fatwa number: 20919
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Question

Question: If there is no physical taking and giving in the bank, and it is merely names and numbers recorded in a computer, what is the ruling?

Answer

Answer: Computer posting and transfer in the bank counts as possession and delivery (qabḍ/iqbāḍ). The evidence:
1. When a man goes to the bank and withdraws his balance, he finds the remittance included in his balance; and the other party finds his balance reduced by the amount remitted.
2. The person who transferred cannot reverse the transfer back into his account unless the recipient sends it back—evidence of the latter’s possession and control.
3. Computer posting is deemed possession because the legal effects that follow possession do follow from it.
4. The prevailing custom in banks and financial houses deems account-to-account transfer to be possession.
Source: Min Thimār al-ʿIlm wa al-Ḥikmah vol.2

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