Buying Gold Jewelries Using Cheque

Question:

Is it permissible to use cheque that could be cashed at certain bank for buying or selling goods? For information, the nominal written on the cheque could be cashed entirely at the appointed bank. This matter most when the buyer couldn’t bring cash money at the time he or she wanted to buy things, and the seller too couldn’t accept the amount of money from the buyer if he or she bought several gold bullion, because sometimes the amount reached millions of riyal, thus he is worry over his own or his money’s safety.

Answer:

It is alright for them to do so, since transaction by cheque resembles cash in ruling, if the cheque has been legalized by the bank.

And guidance is with Allah, peace and prayer of Allah may always be upon Prophet Muhammad, his family, and companions (See: Majmu’ Fatawa al-Lajnah ad-Da’imah, 13/493, in fatwa no. 9564).

As for other commodities than the six commodities, it’s ruling is still been debated among the scholars, whether or not it is included in ruling of usury in trading, just as the six commodities, or not.

The scholars who adapted literal method in understanding hadith (zhahiri), such as Ibn Hazm and friends, believed that the rules of usury merely applied on the six commodities mentioned in the hadith, not on the others. Based on that, they stated that others than the six commodities can be exchanged in any ways, cash or by debt, by adding the weight of one commodity over other, or by similar weight. (See: “al-Muhalla” by Ibnu Hazem, 8/468).

As for majority of the scholars, among them are the scholars from the four madzhab, they stated that the ruling of usury in transaction can be applied on other commodities that have similar role / position as the mentioned ones.

However, they held different opinions on the shared definition between the six and others commodities:

The first opinion: The reason behind the application of rules of usury in gold and silver is because the commodities are weighed, whereas the rest four commodities are measured. Hence, the rules of usury in transaction should also be applied on every commodity that is traded by being weighed or measured. This is the opinion of Hanafi and Hanbali scholars. (See: “al-Mabsuth” by as-Sarakhsi, 12/113 and “Bada’ius Shanaa’i”  by al-Kasany 4/401, and “al-Mughni” by Ibn Qudama).
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