A.Interest on Bank Deposit
Despite best efforts for years we have not been able to finalise a one pg paper for practical use, for bank deposits only esp in gulf countries where the banks can be considered to be muslim banks. Conflicting views have come & all italics atleast need reconfirmation.It would be v useful if you can help as many people dont know about this & may use haram money.
I. Classification of Banks (for the purpose of banking sharia rules)
A. MUSLIM Bank (in any country incl kafir country) (m)
1a. 100% private (mp)
1b.100% government (need not be Islamic system)? (mg)
1c. Mixed (even if v small %of either pvt or govt) (mm)
B. KAFIR Bank(including kafir govt) (k)
1a. In muslim country (majority citizens are muslims) (km)?
1b. In Kafir country (kk)
Definition of Kafir bank( Urf?)no
In case of a mixture of Muslim & Kafir Bank rules of muslim bank will apply
Issue of Keeping deposit & taking interest
i Ayatollah Khoie ruling.The initial niyat should be that interest will not be demanded if not given,for all types of banks.(However one can even sign any document with any clause.)
*For mp bank
It is ok to receive & keep full interest.
*For mg,mm&km banks(Majhool ul Malik?)
Permission has to be taken from Marja/Vakil AND 50% of interest amount received is to be given as sadqa.(will be determined by live mujtahid.After passing agha khoi 50 % is'nt appplicable)
General permission can be taken or may be required every timeif mujtahid wants he can give general permission valed till his death
*For kk bank
It is ok to receive & keep full interest.
All these rulings including 50% is applicable even after passing away of Ayat Khoie.no
Other marjas ruling if less than 50 % cannot be used by mukallid of ayat khoie?
iiAyatullah Seestanis ruling
The niyat definition is different.The niyat should strictly be for safekeeping or other than to receive interest.(in book of agha sistani the masala of condition is this ;while depositing the amount one should not put the condition of intrest )
Same ruling then applies for the different types of banks as that of ayat Khoie
Except that in case of km bank it is 100% ok to take the interest amt????
Principal amount remains unaffected & can be withdrawn despite being deposited in mg,mm,km banks& getting mixed with other money
All the lines in italics need reconfirmation.
30 August2000
B. Loan from Bank
Govt.
bank: Loan agar bank se li jaey
to zaroori hai ke
majhool-ul-malik ki niyyat se
liya jaey. Mujtahid agha seestani ne is
ki permission di hai. Aur jab wapis
daine ho to extra daine me koi haraj
nahi. Dar asal aap loan wapis nahi de
rahe.
Kaikin agar
govt. me loan ki niyyat ki to haraam
hoga.
Non
muslim Bank: Us mai bhi loan ki
niyyat se lena haraam hai. Laikin wo non
muslim jis ka maal mohtaram nahi hai is
se loan ko laina jaiz hai laikin loan ki
niyyat se nahi balke ‘Istinqaz’
ki niyyat se yani iska maal
laine ki niyyat se kyunke is ka maal
mohtaram nahi hai is liye laina jaez hai
but not as a loan. Agha seestani ke
lihaaz se chahe pvt. ya non muslim govt.
ka bank ho.
Agha Khoei ke
lihaaz se non muslim ka ye masala hai.
Laikin govt. non muslim = govt. bank.
Pvt.
bank:(
ie Muslim Pvt bank)
Koi tareeqa nahi loan with
interest ka -
haraam hai
Laikin agar
koi loan ki niyyat le with interest to
haraam hai laikin wo maal jo as a loan
liye hain wo halaal hain.
Lekin agar Pvt bank mein kuch hissa Govt(
non muslims ?) ke koi idare ka ho to
use hum govt bank maan sakte hai
Muslim Govt - definition ?
It has
not been possible to resolve this
matter re Permissibility of ' Accounting
for interest ' (
Paid or recd) by a Accountant .
There is a person who makes voucher
& passes the accounting entry in the
computer & there is a person who
authorises or supervises thsi
transaction
Please
help in completing this chart .This
has serious implications for all
momin accountants
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Permissibility of Accounting
for Interest by a Momin
Accountant |
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Interest Paid
to |
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Interest
Received from |
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Lending Bank |
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Deposit Bank |
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Muslim |
Non Muslim |
Unknown |
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Muslim |
Non Muslim |
Unknown |
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Co./Employer |
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Shia(fiqh ok) |
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ok |
ok |
ok |
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ok |
ok |
ok |
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Muslim |
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Non Muslim |
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Notes |
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In case of
Govt Bank in Muslim country
- treat as Muslim bank |
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In case of
Govt Bank in Non Muslim
country - treat as Non
Muslim bank irrespective of
Muslim sharholding |
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In case
Shareholding even > 1 % of
Muslim treat as muslim ? |
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--
Please find below the answer(s)
to your question(s) according to
the ruling of
Ayatullah Sistani:
§ Question : Sir,
during his job, an accountant has to
deal with different types of
interest transactions. However, an
accountant has nothing to do with
that
interest (neither he takes interest
nor he gives it), rather his duty is
merely to record these transactions
and keep a record of that. Moreover,
he personally thinks that this is a
bad act (giving and taking interest)
and that it should not be practiced
but he has to do so as this is an
integral part of his job. What is
your kind opinion in this regard? Is
it allowed or not?
A:(016) If he
[i.e. the accountant] is able to
refrain from recording these
transactions then there is no
objection,otherwise it is
not allowed.
> given below is a Q& A from a site
>
http://www.sistani.org/html/eng/menu/4/?lang=eng&view=d&code=62&page=1
> can u pl clarify since hardly any
one will be able to work as an
accountant as most companies'
accounts involve recording of
interest.
>
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§ Question : Sir, during his job, an
accountant has to deal with
different types of interest
transactions. However, an accountant
has nothing to do with that
interest (neither he takes interest
nor he gives it), rather his duty is
merely to record these transactions
and keep a record of that. Moreover,
he personally thinks that this is a
bad act (giving and taking interest)
and that it should not be practiced
but he has to do so as this is an
integral part of his job. What is
your kind opinion in this regard? Is
it allowed or not?
§ Answer : Given the supposition
made in your question, the job
is not permissible because it
involves keeping, recording and
dealing with interest based
transactions.
