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KembaraXtra – Islamic Banking – Cheque Payment Systems and Insufficient Client Funds
In a Shari’ah-compliant cheque payment system, a special issue arises when a customer (the payer) does not have enough money in their account to cover a cheque they have issued.
What happens when funds are insufficient?
When an Islamic bank receives a cheque for payment and finds that the payer’s account has insufficient funds, the bank has two Shari’ah-compliant options:
Option 1: Dishonour the cheque
- The bank may reject or dishonour the cheque.
- The payment is not made to the payee.
- This is similar to conventional banking practice and is fully acceptable under Shari’ah.
Option 2: Honour the cheque using a short-term facility
Alternatively, the Islamic bank may decide to honour the cheque in order to help the customer and maintain payment system stability.
- The bank extends a short-term interest-free facility to the payer.
- This facility is usually structured as a Qard Hasan (benevolent loan).
- The bank temporarily pays the cheque on behalf of the customer.
- The customer is required to repay only the principal amount.
Fees and charges (important Shari’ah rule)
The type of contract used determines what the bank is allowed to charge:
- Under a Qard Hasan contract:
- ❌ No interest or profit can be charged.
- ❌ No penalty for the use of money.
- ✅ The bank may charge only an administration fee.
- This fee must reflect actual costs incurred (e.g. processing and operational expenses).
Why this approach is Shari’ah-compliant
This arrangement:
- avoids interest (Riba),
- prevents unjust enrichment,
- supports smooth operation of the payment system,
- balances customer support with Shari’ah ethics.
Very simple summary
If a cheque is presented with insufficient funds, an Islamic bank may either dishonour it or honour it by giving the customer a short-term, interest-free loan (Qard Hasan), charging only actual administrative costs.
In a Shari’ah-compliant cheque payment system, when a customer has insufficient funds, the bank may dishonour the cheque or honour it by providing a short-term Qard Hasan facility, under which no interest is charged and only actual administrative expenses may be recovered.
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