Ruling on Dealing with Riba-Based Banks to Pay Taxes from Their Interest
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I am from Eritrea, and the government there persecutes Muslims and imposes taxes on them that exceed their income. For example, if a person earns one thousand riyals, the government imposes twenty thousand riyals in taxes on him. We have banks that deal in riba. Is it permissible for us to deal with them to pay those taxes from their interest? And is it permissible for us to pay zakah to settle these taxes, or not? Please inform us, may Allah reward you, and may Allah reward you with good.
These are two questions,And we answer first the second question, so we say: As for paying zakah in these taxes, it is not permissible, and there is no doubt in that; because zakah has its specific recipients,And they are those whom Allah mentioned in His saying: [Surah al-Tawbah: 60] .
And as for taking riba to pay it in these oppressive taxes, I see that it is also not permissible;Because Allah said: [Surah al-Baqarah: 278-279] (your principal) meaning: without increase [Surah al-Baqarah: 279] Yes, if it is assumed that the revenues of these banks return to this oppressive government, then this might be a justification, because you take this riba to remove the oppression from yourself, because you will take it from the oppressive state to pay off its oppression.
But if these banks belong to other than this oppressive state, I do not see the permissibility of taking it, even though some people issue a fatwa that a person should take it not with the intention of ownership, but with the intention of preventing its expenditure in Christian institutions; because some people claim that if you do not take this riba, these banks will spend it in calling to Christianity, which they call missionary work, and we do not know whether this is true or not?And in any case, the summary of my answer in this issue is: That it is not permissible to take riba from the banks,because of His saying, the Exalted: [Surah al-Baqarah: 178-279] So He specified the principals.
Then the Prophet (peace and blessings be upon him) said in his sermon at 'Arafah during the Farewell Pilgrimage, the greatest gathering of the Muslim community: (Indeed, the riba of the pre-Islamic age of ignorance is abolished, and the first riba I abolish is the riba of 'Abbas ibn 'Abd al-Muttalib, for it is entirely abolished) So look: now a riba contract in a state of shirk (associating partners with Allah) and the Messenger (peace and blessings be upon him) invalidated it; because it is not permissible to take it, and because if a person takes it, his nafs (self) might overcome him and he will not remove it from his ownership, especially if it is a lot. Suppose the riba reached one million riyals, a person might take it intending to get rid of it, but his nafs overcomes him and he keeps it. And because if a Muslim takes it, others will follow his example; because they do not know that this man took it to give it in charity, for example, so other people take it and do not give it in charity. And because if we prevent people from taking riba from the banks, this will compel them to establish Islamic banks that are built upon the Islamic Shari'ah.
So what we see: That taking riba is not permissible under any circumstances, but we pause in this last issue, which is if these oppressive banks that impose taxes on people, and a person takes from the riba the amount of his oppression to pay it to this oppressive state, then this is a point where I pause, and Allah knows the truth best.
These are two questions,And we answer first the second question, so we say: As for paying zakah in these taxes, it is not permissible, and there is no doubt in that; because zakah has its specific recipients,And they are those whom Allah mentioned in His saying:
Zakah expenditures are only for the poor and for the needy and for those employed to collect [zakah] and for bringing hearts together [for Islam] and for freeing captives [or slaves] and for those in debt and for the cause of Allah and for the [stranded] traveler
إِنَّمَا الصَّدَقَاتُ لِلْفُقَرَاءِ وَالْمَسَاكِينِ وَالْعَامِلِينَ عَلَيْهَا وَالْمُؤَلَّفَةِ قُلُوبُهُمْ وَفِي الرِّقَابِ وَالْغَارِمِينَ وَفِي سَبِيلِ اللَّهِ وَابْنِ السَّبِيلِAnd as for taking riba to pay it in these oppressive taxes, I see that it is also not permissible;Because Allah said:
(278) O you who have believed, fear Allah and give up what remains [due to you] of interest, if you should be believers. (279) And if you do not, then be informed of a war [against you] from Allah and His Messenger. But if you repent, you may have your principal
يَا أَيُّهَا الَّذِينَ آمَنُوا اتَّقُوا اللَّهَ وَذَرُوا مَا بَقِيَ مِنَ الرِّبا إِنْ كُنْتُمْ مُؤْمِنِينَ * فَإِنْ لَمْ تَفْعَلُوا فَأْذَنُوا بِحَرْبٍ مِنَ اللَّهِ وَرَسُولِهِ وَإِنْ تُبْتُمْ فَلَكُمْ رُؤُوسُ أَمْوَالِكُمْyou do no wrong, nor are you wronged.
لا تَظْلِمُونَ وَلا تُظْلَمُونَBut if these banks belong to other than this oppressive state, I do not see the permissibility of taking it, even though some people issue a fatwa that a person should take it not with the intention of ownership, but with the intention of preventing its expenditure in Christian institutions; because some people claim that if you do not take this riba, these banks will spend it in calling to Christianity, which they call missionary work, and we do not know whether this is true or not?And in any case, the summary of my answer in this issue is: That it is not permissible to take riba from the banks,because of His saying, the Exalted:
(278) O you who have believed, fear Allah and give up what remains [due to you] of interest, if you should be believers. (279) And if you do not, then be informed of a war [against you] from Allah and His Messenger. But if you repent, you may have your principal - [thus] you do no wrong, nor are you wronged.
يَا أَيُّهَا الَّذِينَ آمَنُوا اتَّقُوا اللَّهَ وَذَرُوا مَا بَقِيَ مِنَ الرِّبا إِنْ كُنْتُمْ مُؤْمِنِينَ * فَإِنْ لَمْ تَفْعَلُوا فَأْذَنُوا بِحَرْبٍ مِنَ اللَّهِ وَرَسُولِهِ وَإِنْ تُبْتُمْ فَلَكُمْ رُؤُوسُ أَمْوَالِكُمْ لا تَظْلِمُونَ وَلا تُظْلَمُونَThen the Prophet (peace and blessings be upon him) said in his sermon at 'Arafah during the Farewell Pilgrimage, the greatest gathering of the Muslim community: (Indeed, the riba of the pre-Islamic age of ignorance is abolished, and the first riba I abolish is the riba of 'Abbas ibn 'Abd al-Muttalib, for it is entirely abolished) So look: now a riba contract in a state of shirk (associating partners with Allah) and the Messenger (peace and blessings be upon him) invalidated it; because it is not permissible to take it, and because if a person takes it, his nafs (self) might overcome him and he will not remove it from his ownership, especially if it is a lot. Suppose the riba reached one million riyals, a person might take it intending to get rid of it, but his nafs overcomes him and he keeps it. And because if a Muslim takes it, others will follow his example; because they do not know that this man took it to give it in charity, for example, so other people take it and do not give it in charity. And because if we prevent people from taking riba from the banks, this will compel them to establish Islamic banks that are built upon the Islamic Shari'ah.
So what we see: That taking riba is not permissible under any circumstances, but we pause in this last issue, which is if these oppressive banks that impose taxes on people, and a person takes from the riba the amount of his oppression to pay it to this oppressive state, then this is a point where I pause, and Allah knows the truth best.