Sharīʿah Analysis of Mobile Advance Balance Facility
Keywords:
Advance Balance, Mobile Loan, Bayʿ al-Ḥaqq, Deferred Sale, Islamic Commercial Law, Contemporary Fiqh, Telecommunication Services, Usufruct Rights, Sharīʿah Analysis.Abstract
The Advance Balance facility offered by telecommunication companies
has emerged as a significant contemporary issue in Islamic commercial
jurisprudence. Through this facility, mobile users obtain immediate
access to call, SMS, or internet services and repay the corresponding
amount, usually with an additional charge, upon subsequent recharge.
This study examines the legal nature of mobile balance and argues that it
primarily represents a right of usufruct and network access rather than
money itself. The paper analyzes different methods through which users
acquire such rights and evaluates the major juristic characterizations of
Advance Balance, namely qarḍ (loan), ijārah (lease), and bayʿ al-ḥaqq
(sale of rights). After a comparative analysis, the study concludes that the
characterization of Advance Balance as Bayʿ al-Ḥaqq Muʾajjal (deferred
sale of rights) is the most appropriate interpretation. Accordingly, the
additional amount charged is treated as part of a deferred sale price
rather than an unlawful increase on a loan.
