The Jurisprudential Classification of Depositing Money in Islamic Banks
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Question:
Honorable Shaykh, what is the correct fiqh classification of 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, for the purpose of safekeeping. This is the ruling of a deposit (wadi'ah), because as long as it is not entrusted to them for the purpose of safekeeping without a criminal element, it is a deposit. It is a deposit, whether in banks or elsewhere; it is not a loan (qard), it is a deposit. Yes, just as if you took an amount from this source and placed it with a person to keep it safe, unless I find it, it is a deposit, not a loan. However, if he disposes of it, it is not permissible for the bank to dispose of it, and it is a deposit; it is not permissible for the bank to dispose of it, and it is a deposit; rather, it must be kept safe.
Disposing of all the circumstances, these are the funds of the self. This is not permissible, as long as it is a deposit with them. Yes.
Honorable Shaykh, what is the correct fiqh classification of 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, for the purpose of safekeeping. This is the ruling of a deposit (wadi'ah), because as long as it is not entrusted to them for the purpose of safekeeping without a criminal element, it is a deposit. It is a deposit, whether in banks or elsewhere; it is not a loan (qard), it is a deposit. Yes, just as if you took an amount from this source and placed it with a person to keep it safe, unless I find it, it is a deposit, not a loan. However, if he disposes of it, it is not permissible for the bank to dispose of it, and it is a deposit; it is not permissible for the bank to dispose of it, and it is a deposit; rather, it must be kept safe.
Disposing of all the circumstances, these are the funds of the self. This is not permissible, as long as it is a deposit with them. Yes.
Source
شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، تابع كتاب النكاح - 1 — islamhouse.com (34:02)
The Arabic text is a machine transcription of the audio recording.
