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Old 12-03-2011, 04:18 AM   #1
phernikas

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ASALAAMUALAIKUM..

i would like to ask some questions regarding Interest.

there's is a friend of mine who works in a company which pays interest to the bank but doesnt take.
(as the boss of the company is muslim and he knows interest is haraam but, the buisness which he is running
cant run without bank)

1, is my friend involved in this haraam thing? he is just handling the accounts and talks about interest as its his work "accounts"
2, the salary which he is receiving ist halaal?
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Old 12-03-2011, 04:36 AM   #2
JacomoR

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Wa Alaikum Salam; this depends on where he is living. If he is living in some non-Muslim country, like UK, Germany, France etc. Then it is totally halal. Even if they were to take interest from the bank it would be halal according to Imam Hanifa(ra) and Imam Muhammad(ra) because he is living in "Dar al Harb", but in the second case, if he is receiving some form of interest, he must make it his mission that he lives in that country to bring Islam there.

But if he is living in some Muslim country, then it is best for him to avoid paying anything at all to usury institutions, but since they aren't receiving any money from usury, then my guess is that it would be Halal, but he should be advised to work in some other institution. But as far as I understand, he lives in some non-Muslim country, and therefore it is Halal Ins'Allah!
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Old 12-03-2011, 05:23 AM   #3
MannyLopez

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ASALAAMUALAIKUM..

i would like to ask some questions regarding Interest.

there's is a friend of mine who works in a company which pays interest to the bank but doesnt take.
(as the boss of the company is muslim and he knows interest is haraam but, the buisness which he is running
cant run without bank)

1, is my friend involved in this haraam thing? he is just handling the accounts and talks about interest as its his work "accounts"
2, the salary which he is receiving ist halaal?
This fatwa may be relevant to your question.
http://www.askimam.org/fatwa/fatwa.p...6e5cd22542840e

You can also use search word to find more.
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Old 12-03-2011, 05:24 AM   #4
MannyLopez

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Wa Alaikum Salam; this depends on where he is living. If he is living in some non-Muslim country, like UK, Germany, France etc. Then it is totally halal. Even if they were to take interest from the bank it would be halal according to Imam Hanifa(ra) and Imam Muhammad(ra) because he is living in "Dar al Harb", but in the second case, if he is receiving some form of interest, he must make it his mission that he lives in that country to bring Islam there.

But if he is living in some Muslim country, then it is best for him to avoid paying anything at all to usury institutions, but since they aren't receiving any money from usury, then my guess is that it would be Halal, but he should be advised to work in some other institution. But as far as I understand, he lives in some non-Muslim country, and therefore it is Halal Ins'Allah!
Please provide a reliable reference to back up your claim. Otherwise, this may cause fitna.
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Old 12-03-2011, 05:37 AM   #5
MannyLopez

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Wa Alaikum Salam; this depends on where he is living. If he is living in some non-Muslim country, like UK, Germany, France etc. Then it is totally halal. Even if they were to take interest from the bank it would be halal according to Imam Hanifa(ra) and Imam Muhammad(ra) because he is living in "Dar al Harb", but in the second case, if he is receiving some form of interest, he must make it his mission that he lives in that country to bring Islam there.

But if he is living in some Muslim country, then it is best for him to avoid paying anything at all to usury institutions, but since they aren't receiving any money from usury, then my guess is that it would be Halal, but he should be advised to work in some other institution. But as far as I understand, he lives in some non-Muslim country, and therefore it is Halal Ins'Allah!
After a web search , I have found this.



Interest in Non Muslim Countries

http://daruliftabirmingham.co.uk/int...slim-countries



http://www.albalagh.net/qa/riba.shtml

Q 2.) Please clarify for me the exact Hanafi position on the taking of interest from the kuffar in dar-ul-harb. Is it permissible to take advantage of the interest offered freely by these people or not?
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Old 12-03-2011, 06:05 AM   #6
JacomoR

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As I've said, Imam Abu Hanifa and Imam Muhammad both said that this type of usury was permissible. However, it doesn't end there, according to the ulema, a Muslim may not just move to some Kafir country to live a better life. If a Muslim decides to live in some kafir country it must be for the sake of Dawah, and in this case the benefit of the Muslim will be sought until the "dar ul harb" becomes "dar ul Islam".

Although I heard from one scholar in Istanbul that is a murid of Mahmud Efendi that even using interest money on ones own self is permissible, however the other ulema have said that this may make a Muslim get used to usury, so they said its not allowed to use it for your own self no matter what. Remember, we are trying to spread Islam. We aren't trying to receive the wrath of Allah(cc). Me personally, I wouldn't put my money in a savings account or something to receive interest money as it contains the risk of displeasing Allah(cc) and being misguided due to it, so I'm a bit selfish in the meaning that, I'm not going to take the chance of getting damned to support the Muslim community in the US.But if you do take Imam Abu Hanifa's opinion, and if in the day of judgement you are questioned regarding this issue, you may blame Imam Abu Hanifa(ra).

To summarize; One may make use of usury according to Imam Abu Hanifa to spread Islam in dar ul harb countries until it becomes dar ul Islam.
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Old 12-03-2011, 08:40 AM   #7
kjanyeaz1

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Riba in Dar-ul-Harb

By Mufti Taqi Usmani

Q 1.) Is it permissible to obtain an interest based loan for a home in America on the basis that America is Dar-ul-Harb? I understand that a Mufti from Deoband gave a fatwa saying it is permissible for Muslims in India to give and receive loans on interest since India is Dar-ul-Harb. If it is permissible, on what basis and are there any restrictions? This is a very big issue in the US since Muslims cannot purchase homes on interest, there are no interest free banks and rentals for flats are the same as paying mortgages. [Junaid Noormohamed. Chicago, IL, USA]

A 1.) Although some past jurists were of the vew that riba transactions with non-Muslims in Dar-ul-Harb are not impermissible yet this minority view did never find favour with the bulk of the Muslim jurists throughout the world. Their main argument is that the prohibitions imposed by the Holy Quran are of universal nature and do not differ from country to country. For example, drinking or selling wine to non-Muslims in a non-Muslim country is as prohibited as it is in a Muslim country. Likewise adultery and prostitution in a non-Muslim country is as impermissible as in a Muslim country. The case of riba is not different on this score. Its prohibition stands operative throughout the world, therefore, it is not allowed for a Muslim to transact on the basis of riba even when he is in a non-Muslim country which is termed as Dar-ul-Harb. Therefore, it is not permissible for Muslims living in the Western countries to enter into a loan transaction based on interest even for the purpose of acquiring a home. That is why Muslims in these countries are trying to establish their own institutions for house financing. A number of such institutions have been established in North America and U.K.


Q 2.) Please clarify for me the exact Hanafi position on the taking of interest from the kuffar in dar-ul-harb. Is it permissible to take advantage of the interest offered freely by these people or not?

What do the ulema say about the passages in Fathul Qadeer and Shami which appear to state that the Hanafi position (at least that of tarfain) is that it is permissible to take advantage of this when the benefit is for the Muslim? If it is not permissible then please explain these texts and the hadith "la riba bain al harbi wal Muslim" on which they are based.

If someone takes interest from the kuffar on this ruling is he committing haram or makrooh act?

If it is permissible then can this money be used to fund the activities of Muslims in these countries for the sake of deen such as setting up Muslim schools etc.

I do not require a fatwa but merely the opinion of the ulema such as Mufti Taqi Sahib, as I realize that sometimes their opinions may be different from the legal fatwa which is required for the people. [Molvi Nazim Ali]

A 2.) Transaction of interest with the non-Muslims in Darul Harb was allowed by Imam Abu Hanifa subject to certain conditions but the majority of the Fuqaha including the Hanafi jurists have not accepted it and the Fatwa has always been given on its impermissibility. You can find full discussion on this subject in the detailed treatise written by Maulana Zafar Ahmad Usmani under the title "Kashf-al-Dujah" which is published in 3rd volume of Imdad-ul-Fatawa which you may please consult for the details.

However, even following the majority view of the impermissibility of Riba in Darul Harb the interest received from Darul Harb can be used for charitable purposes like helping the needy persons who are entitled to receive Zakat but in no way the amount of interest can be used for one's own benefit.
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