Current Legal Issues
- YOUR QUESTIONS ANSWERED
- Transactions, Including Banks
- (Q.77) Is it permissible to take usury from the unbelievers,
especially when one live in their countries?
- Yes, al-adhhar, taking usury from the unbelievers is
- (Q.78) Some publications have this sentence printed on them,
"All rights reserved for the writer or publisher". Should
one observe such prohibition? With the assumption of heeding the
warning, is it permissible to print such material [without taking
the publishers' permission] when social or religious good is at
- Compliance is not obligatory, yet it is most befitting if
permission is sought, especially that of the author. Allah is All
- (Q.79a) For a certain amount of money some people allow you to
use their name and a photo copy of their identity card, so that you
can buy company shares and the like. Some consider this as a buying
and selling transaction of the name. Is it permissible to enter into
such a transaction? Assuming it is not permissible, is there any
legal justification to rectify it?
- This is not a sale of the name. It is an authorisation from the
bearer of the name to another to make use of it and that of the ID
card in buying shares in exchange for some money. There is no harm
in such a transaction.
- (Q.79b) On the assumption of permissibility, could the parent
of a minor or his guardian have the discretion to use their name for
the same purpose? Also, to whom should the benefit be-the child or
- If no damage shall ensue, it is permissible; it is likely that the
benefit be the child.
- (Q.80 If you consider the assets of state owned banks or those
of joint ownership as majhoulil malik (that whose owner is
anonymous), is there any justification to enter into dealings with
these banks in such a manner that it be free from the taint of
- Answers to similar questions were provided in (Mustahdathatil
Masaa'il - Current Issues), an addendum to our (Minhajus
Saliheen - the Path of the Good), a Manual of Articles of
Islamic Acts, Ibadaat (acts of worship). [The section in
question will follow this one].
- (Q.81) Some banks provide card either free or for a fee. Those
holding such cards can: (a) Withdraw money from the bank's cash
dispensing machines without interest; there will, though, be a
charge for using the machine. (b) Should the borrower delay
repayment of the money for a month [or over] interest shall be taken
from him by way of service charge or the like. What is the ruling on
the delay in repaying the money and otherwise?
- There is no harm in withdrawing money with the intent of procuring
it on the basis of majhoulil
malik, not a loan. As for making the money good, it should
be in consultation with the Marji'. One should not pay
attention to the fact that the bank shall collect the original
amount plus the increase thereupon. If the bank asks the person to
pay back the amount withdrawn plus the increase he should pay both
- (Q.82) A privately owned bank invited its customers to deposit
money with the bank, say one thousand Dirhams that they can withdraw
at any time. After some time the bank shall give a specific gift to
the depositors. Is it permissible to enter into such a deal to get
- Depositing money with the condition of [getting] the gift is haraam.
The condition here means you make the [transaction] of depositing
contingent on an undertaking given by the bank to give the gift. If
it was just for the knowledge that the bank shall give the gift, it
is not going to dent the permissibility of depositing and that of
receiving the granted gift as halal. Allah is All Knowing.