A: Muhtaram

Apart from other aspects of evaluating a motor vehicle, the fundamental aspects are:

a) the model of the vehicle; and

b) mileage of the vehicle.

The later the model the higher the value. Similarly, a car with a lower mileage will have a better value than another identical car with a much higher mileage. To deliberately register a vehicle from its original model to a later model, and to disconnect the odometer are acts of deception which is strictly prohibited in the Shariáh.

Hadhrat Abu Hurayra (Radhiallaahu Ánhu) narrates that Rasulullah (Sallallaahu Álayhi Wasallam) prohibited the transaction of deception. (Mishkãt pg. 247; Qadeemi). Hadhrat Abu Hurayra (Radhiallaahu Ánhu) also narrates that once Rasulullah (Sallallaahu Álayhi Wasallam) passed by a person selling grain. Rasulullah (Sallallaahu Álayhi Wasallam) put his hand inside the heap and found the grains which were on the inside to be wet. He enquired from the owner the reason of the grains being wet. The person replied that it was due to rain. Rasulullah (Sallallaahu Álayhi Wasallam) rebuked him saying, ‘Why did you not put the wet grains on top so that people may see it (to avoid deception). Whosoever deceives is not from among me (my people).’ (Mishkãt pg. 248; Qadeemi)

Wasila ibn Asqa (Radhiallaahu Ánhu) narrates that he heard Rasulullah (Sallallaahu Álayhi Wasallam) saying, ‘Whoever sells a deficient item and did not disclose it remains in the anger of Allah, or he remains in the curse of the angels.’(Mishkãt pg. 249; Qadeemi).

From the above Ahaadith, it is deduced that any person selling his car must be honest in his dealings by disclosing the appropriate model and correct mileage of the vehicle. It is not permissible to change the model or conceal the actual mileage of the vehicle by disconnecting the odometer. If a person sold his car without disclosing the correct model and mileage, he will be guilty of deceit and will be committing a great sin. The surplus monies received in lieu of such deception is Haraam and void of blessings. If the purchaser of the vehicle purchased the vehicle believing it to be of a certain model or of a lesser mileage, and later discovered that he was deceived, he is entitled to return the vehicle to the dealer while the dealer is obliged by the Shariáh to accept the vehicle and refund the money of the purchaser. (Hidaaya)

The purchaser cannot keep the vehicle and ask for a compensation for the deficiency. If he does not want to return the car, it is his prerogative. Even if the dealer sells the vehicle vootstoots, then too he is obliged to disclose all major apparent deficiencies. However, if he did not do so, he will be guilty of the crime and sin of deception. Nevertheless, in this case the purchaser cannot return the vehicle and claim back his money.