Classifying the deposit of funds in Islamic banks
Machine translationRead the Arabic original
Question:
Honorable Shaykh, what is the correct fiqh (Islamic jurisprudence) regarding depositing money in Islamic banks? Is it considered a safekeeping (wadi'ah) in the fiqh sense, or is it considered a loan, as some scholars say?
Answer:
In some banks, it is a safekeeping for the purpose of preservation. This is the ruling of a safekeeping, because as long as it is deposited for the sake of preserving it without any profit, it is a safekeeping. It is a safekeeping, whether in banks or elsewhere, and it is not a loan. It is a safekeeping, yes. It is like when you entrust a sum of money to a person to keep it safe for you; that is a safekeeping, and it is not wrong. However, if the bank disposes of it, it is not permissible for the bank to dispose of it while it is a safekeeping. It is not permissible for the bank to dispose of it while it is a safekeeping; rather, it must preserve it. Disposing of the circumstances of all people's money in this way is not permissible.
Honorable Shaykh, what is the correct fiqh (Islamic jurisprudence) regarding depositing money in Islamic banks? Is it considered a safekeeping (wadi'ah) in the fiqh sense, or is it considered a loan, as some scholars say?
Answer:
In some banks, it is a safekeeping for the purpose of preservation. This is the ruling of a safekeeping, because as long as it is deposited for the sake of preserving it without any profit, it is a safekeeping. It is a safekeeping, whether in banks or elsewhere, and it is not a loan. It is a safekeeping, yes. It is like when you entrust a sum of money to a person to keep it safe for you; that is a safekeeping, and it is not wrong. However, if the bank disposes of it, it is not permissible for the bank to dispose of it while it is a safekeeping. It is not permissible for the bank to dispose of it while it is a safekeeping; rather, it must preserve it. Disposing of the circumstances of all people's money in this way is not permissible.
Source
قناة «العلامة الدكتور صالح الفوزان»، 118 من 175 /شرح بلوغ المرام/النكاح/أحاديث في النكاح/صالح الفوزان/الحديث/كبار العلماء — youtube.com (34:18)
The Arabic text is a machine transcription of the audio recording.
