Question
I have some questions regarding electronic tolls on motorways. Whenever a person passes an e-toll gantry, he is charged a fixed tariff. A person who has an e-tag is charged less than one who doesn't. With an e-tag, one has an account from which pre-paid money is deducted electronically on passing a gantry. Without an e-tag, one receives an invoice with the amount to be paid. A person in the latter situation is named an alternate user. Some people say that we should not pay these e-tolls, as it is a form of oppression. I am not convinced by this because some entity spent money on the creation and maintenance of the motorways and I derive benefit every time I drive over it. The tariffs do not seem to be exorbitantly expensive. Additionally, if this reasoning is extended to other forms of infrastructure, it would entail that non-payment of electricity, water, telephone, and data services is acceptable. My second concern is regarding discounts that are applied to the e-tolls. As an alternate user, there is a discount for paying within a certain amount of time known as the 'grace period'. This seems to be ribaa to me, as the amount payable varies with time. With an e-tag, there are other discounts which are immediately calculated and deducted on passing a gantry. I have attached a document with more information. Bearing the above in mind, my questions are as follows: 1. Is the payment of e-tolls permissible, impermissible or obligatory? Assuming it is permissible or obligatory: 2. As an alternate user, should I pay the lower or higher amount according to the Sharee'ah? I have some unpaid bills, which I received by post after the expiry of the grace period (which means that I owe the higher amount according to SANRAL).
Answer
(1) E-tolls and all types of toll fees in terms of the Shariah are zulm (oppression). The question of permissibility and impermissibility does not concern the non-Muslim oppressors who have imposed this zulm on the people. As far as possible, people should abstain from paying these fees of oppression.
The analogy with water, electricity and telephone is incorrect. In these instances, tangible products are sold although there is gross zulm committed by the authorities even in this regard. The ideal is for water to be free. It is the obligation of a government to ensure this. If the government is not saddled with bandits and robbers who resort to wholesale looting of the public treasury, there will be adequate funds for providing free water to the population. When this writer was still a teenager, water used to be free.
2) The lower and the higher amounts are of no consideration. The whole amount is zulm. A 'discount' is a miniscule decrease in the degree of oppression. It never ever comes within the Shariah's concept of Riba.
3) Whatever method is easier for the oppressed, will be permissible for adoption.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 25 No 03
- PDF page
- 12
Appears under Questions and Answers (approximate).