The Customs Department: Many cases arise when a person is unable to pay the customs duty on his car.
Machine translationRead the Arabic original
The questioner : The Customs Department: In our area, in many cases, when a person is unable to clear his car through customs because he has no money to do so, and he exceeds the legal deadline, they seize it. If he is unable to clear it after a certain period of seizure, they put it up for auction. If they get their due and there is a surplus, they give it to the car owner. If there is no surplus, they take all the money. So, what is your opinion on a person bidding in an auction of this type?
The Shaykh : In my opinion, the issue requires knowing the reasons for the seizure of the car and its being put up for public auction. Each reason must be examined individually. If the reason is permissible according to the Shari'ah, then bidding is allowed; otherwise, it is not.
The questioner : Well, my father and Dr. 'Isam, actually, we bid. And I swear to Allah, I am not entirely at ease now regarding some of the people who came from Kuwait, like our brother Kheiry here, for example. Kheiry had money and had cleared his car, for instance. There were people who did not have money to clear their cars and did not sell them within the grace period. There was a long grace period, and they were given customs exemptions, and the value of the customs duty that was not paid during this period was reduced. Then they went back and applied the full customs duty to them. So, whoever did not clear his car during this period and used it, they seize it and put it in the customs yard. Either he clears it at the new, standard value without any discount, or he loses the car. So, of course, when it goes to auction, it is impossible to get a price equal to the customs duty that is supposed to be paid.
The Shaykh : Impossible, what?
The questioner : That it brings a price equal to the value of the customs duty. The owner will definitely not get a single penny from this money. For example, the car we bid on has a current customs value of 17,000 dinars, while it is not allowed to be sold for more than 7,000 dinars because it is not worth more than that.
The Shaykh : For example, with 7,000, they want to impose customs duty.
The questioner : No, no, that's it. This customs duty will take the 7,000 instead of the 17,000, and they will waive the rest because it will not bring in more than that.
The Shaykh : Does that mean with the 7,000, they will clear it?
The questioner : Yes.
The Shaykh : Strange.
The questioner : What does the car owner get?
Another questioner : Nothing.
The Shaykh : He gets nothing.
The questioner : Because 17 is required, he pays 17, and he gets the car.
Another questioner : Of course, he had a period during which he could have cleared it, not for 7,000 but for 8,000, for example, and he did not take advantage of this discount.
Another questioner : Like my Shaykh, our brother Zayd Abu 'Abdullah, has the same problem.
Another questioner : It is somewhat acceptable. I mean, after six or seven years, we went to the auction. My brother Gassan bought a car. I did not feel much discomfort about it. There was a foreign contracting company whose cars were exempt here. When they finished their project and left, they relinquished the cars to the customs. So the customs sold them at auction immediately. There is no harm in that, meaning there is no specific person who is wronged in this case.
The Shaykh : Yes, yes. Allah is the Helper.
The questioner : Peace be upon you, and Allah’s mercy and blessings.
The Shaykh : And upon you be peace, and the mercy of Allah and His blessings.
The questioner : Shaykh, in the previous question, if you could elaborate a little, meaning if the distance is specified as approximately one month only.
The Shaykh : Yes, yes.
The questioner : ... The distance in the sale is absolutely specified as one month only, and then the money is paid to him.
The Shaykh : It is permissible.
The questioner : It is permissible.
The Shaykh: Yes.
The Shaykh : In my opinion, the issue requires knowing the reasons for the seizure of the car and its being put up for public auction. Each reason must be examined individually. If the reason is permissible according to the Shari'ah, then bidding is allowed; otherwise, it is not.
The questioner : Well, my father and Dr. 'Isam, actually, we bid. And I swear to Allah, I am not entirely at ease now regarding some of the people who came from Kuwait, like our brother Kheiry here, for example. Kheiry had money and had cleared his car, for instance. There were people who did not have money to clear their cars and did not sell them within the grace period. There was a long grace period, and they were given customs exemptions, and the value of the customs duty that was not paid during this period was reduced. Then they went back and applied the full customs duty to them. So, whoever did not clear his car during this period and used it, they seize it and put it in the customs yard. Either he clears it at the new, standard value without any discount, or he loses the car. So, of course, when it goes to auction, it is impossible to get a price equal to the customs duty that is supposed to be paid.
The Shaykh : Impossible, what?
The questioner : That it brings a price equal to the value of the customs duty. The owner will definitely not get a single penny from this money. For example, the car we bid on has a current customs value of 17,000 dinars, while it is not allowed to be sold for more than 7,000 dinars because it is not worth more than that.
The Shaykh : For example, with 7,000, they want to impose customs duty.
The questioner : No, no, that's it. This customs duty will take the 7,000 instead of the 17,000, and they will waive the rest because it will not bring in more than that.
The Shaykh : Does that mean with the 7,000, they will clear it?
The questioner : Yes.
The Shaykh : Strange.
The questioner : What does the car owner get?
Another questioner : Nothing.
The Shaykh : He gets nothing.
The questioner : Because 17 is required, he pays 17, and he gets the car.
Another questioner : Of course, he had a period during which he could have cleared it, not for 7,000 but for 8,000, for example, and he did not take advantage of this discount.
Another questioner : Like my Shaykh, our brother Zayd Abu 'Abdullah, has the same problem.
Another questioner : It is somewhat acceptable. I mean, after six or seven years, we went to the auction. My brother Gassan bought a car. I did not feel much discomfort about it. There was a foreign contracting company whose cars were exempt here. When they finished their project and left, they relinquished the cars to the customs. So the customs sold them at auction immediately. There is no harm in that, meaning there is no specific person who is wronged in this case.
The Shaykh : Yes, yes. Allah is the Helper.
The questioner : Peace be upon you, and Allah’s mercy and blessings.
The Shaykh : And upon you be peace, and the mercy of Allah and His blessings.
The questioner : Shaykh, in the previous question, if you could elaborate a little, meaning if the distance is specified as approximately one month only.
The Shaykh : Yes, yes.
The questioner : ... The distance in the sale is absolutely specified as one month only, and then the money is paid to him.
The Shaykh : It is permissible.
The questioner : It is permissible.
The Shaykh: Yes.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.