Is zakah obligatory on the funds of murabahah in the Islamic bank?
Machine translationRead the Arabic original
The questioner : Now, regarding the person who, for example, places his money in an Islamic bank via murabahah; is this considered part of trade, or is there zakah on it?
The Shaykh : No, there is zakah on it; because these groups do not claim that they are trading in it; they are trading in it in the way of riba.
The questioner : ... the Islamic bank.
The Shaykh : The Islamic bank. An Islamic society. All these are names that do not correspond to their realities; meaning ... the research and experiments with some of the managers show that they follow the opinions that permit them what is riba by the explicit text of the hadith:Sunan Abi Dawud 3461Hasan (Al-Albani). You go to the Islamic bank and they obligate you to buy something for you from Europe, with payment due in six months, right? It is a commodity. They say to you: We want a profit of such-and-such. The client says to him: And if it is after a year, the matter doubles.
The questioner : In the same session?
The Shaykh : In the same session.
The questioner : ... .
The Shaykh: Ah...
The questioner : ... .
The Shaykh : -- In the name of Allah --.
The questioner : But you frightened me, Abu Hashim, with the phrase "in the same session"; because it has a concept among the scholars.
The questioner : A jurisprudential concept, and I said: "in the same session," and that was my intention.
The Shaykh : ... .
The questioner : And I want to discuss the jurisprudential intention behind it, meaning two sales in one sale ... one session or in two sessions, meaning this ...?
The Shaykh : What is the difference between one session or two sessions other than going around in circles?
The questioner : The wording, meaning the wording differs.
The Shaykh : Is the criterion the wording, Professor, or the meanings?
The questioner : Even this matter is taught in Saudi Arabia.
The Shaykh : No problem.
The questioner : Even this matter is taught in Saudi Arabia.
The Shaykh : We are not = -- on the left? -- = we do not care about Saudi Arabia or non-Saudi Arabia, because we are not Saudis and we are not their enemies; we are enemies of whoever contradicts the Shari'ah, wherever he is and whoever he is. So whether this happens in Saudi Arabia or elsewhere makes no difference to us. So what is the difference between one session or two sessions?
The questioner : They distinguished it for us, and although we touched upon another hadith: if you are in a session and you say to him: How much is this commodity? He says to you: Cash, such-and-such. Then you come in another session and ask him: How much on installments? Or he says to you: Installments, or deferred, or credit, for such-and-such. They permit the second one.
The Shaykh : I know this, Professor, but I am asking: What is the difference between this and that? What is the legal difference first? And what is the rational difference second?
The questioner : The outcome is one.
The Shaykh : That is it; rather, this is a game like the game of the Jews,. What is the difference between fat in its natural state and melted fat? Fat. What is the difference between one session or two sessions? It is a formal issue that in this session he said to him: Cash for such-and-such. And in a second session he said to him: Credit for such-and-such. Now, if the first session said to him: Cash for such-and-such and credit: for such-and-such; what is the difference, people? If we assume we do not have knowledge of the texts, are there no minds that can reason?
The questioner : By Allah, this has deceived many people, and now, meaning ... in a very wide and extensive way?
The Shaykh : Unfortunately; therefore, we mean, one who knows Abu 'Abdullah, an officer in the army here, came to my house once. He had never come to me before, and you know the preliminaries and courtesies, and we heard your name and your reputation and your knowledge, and so on. So we came to be honored by visiting you and getting to know you. After a while, he would bring up a question: What is your opinion of the Islamic bank? I knew that the question—in the Syrian expression—was booby-trapped, so I did not say to him: No, it is haram, or it is halal, in principle. I said to him: By Allah, my opinion of the Islamic bank is like the Islamic society. What is your opinion of the Islamic society? Do you like it? He said: No, by Allah. I said to him: No, by Allah.
The questioner : ... every contract in the Islamic bank has its own ruling.
The Shaykh : Yes, a general ruling is not given.
The questioner : A general ruling is not given. May Allah reward you with good.
The Shaykh : And beware of that.
The Shaykh : No, there is zakah on it; because these groups do not claim that they are trading in it; they are trading in it in the way of riba.
The questioner : ... the Islamic bank.
The Shaykh : The Islamic bank. An Islamic society. All these are names that do not correspond to their realities; meaning ... the research and experiments with some of the managers show that they follow the opinions that permit them what is riba by the explicit text of the hadith:
If anyone makes two transactions combined in one bargain, he should have the lesser of the two or it will involve usury.
من باع بيعتَين في بيعة فله أوكَسُهما أو الرباThe questioner : In the same session?
The Shaykh : In the same session.
The questioner : ... .
The Shaykh: Ah...
The questioner : ... .
The Shaykh : -- In the name of Allah --.
The questioner : But you frightened me, Abu Hashim, with the phrase "in the same session"; because it has a concept among the scholars.
The questioner : A jurisprudential concept, and I said: "in the same session," and that was my intention.
The Shaykh : ... .
The questioner : And I want to discuss the jurisprudential intention behind it, meaning two sales in one sale ... one session or in two sessions, meaning this ...?
The Shaykh : What is the difference between one session or two sessions other than going around in circles?
The questioner : The wording, meaning the wording differs.
The Shaykh : Is the criterion the wording, Professor, or the meanings?
The questioner : Even this matter is taught in Saudi Arabia.
The Shaykh : No problem.
The questioner : Even this matter is taught in Saudi Arabia.
The Shaykh : We are not = -- on the left? -- = we do not care about Saudi Arabia or non-Saudi Arabia, because we are not Saudis and we are not their enemies; we are enemies of whoever contradicts the Shari'ah, wherever he is and whoever he is. So whether this happens in Saudi Arabia or elsewhere makes no difference to us. So what is the difference between one session or two sessions?
The questioner : They distinguished it for us, and although we touched upon another hadith: if you are in a session and you say to him: How much is this commodity? He says to you: Cash, such-and-such. Then you come in another session and ask him: How much on installments? Or he says to you: Installments, or deferred, or credit, for such-and-such. They permit the second one.
The Shaykh : I know this, Professor, but I am asking: What is the difference between this and that? What is the legal difference first? And what is the rational difference second?
The questioner : The outcome is one.
The Shaykh : That is it; rather, this is a game like the game of the Jews,
Allah cursed the Jews; when the fats were forbidden to them, they rendered them and then sold them and ate their price. And when Allah forbids the eating of something, He forbids its price.
لعن الله اليهود حُرِّمت عليهم الشحوم فجَمَلُوها ثم باعوها وأكلوا أثمانها ، وإن الله إذا حرَّم أكل شيء حرَّم ثمنهThe questioner : By Allah, this has deceived many people, and now, meaning ... in a very wide and extensive way?
The Shaykh : Unfortunately; therefore, we mean, one who knows Abu 'Abdullah, an officer in the army here, came to my house once. He had never come to me before, and you know the preliminaries and courtesies, and we heard your name and your reputation and your knowledge, and so on. So we came to be honored by visiting you and getting to know you. After a while, he would bring up a question: What is your opinion of the Islamic bank? I knew that the question—in the Syrian expression—was booby-trapped, so I did not say to him: No, it is haram, or it is halal, in principle. I said to him: By Allah, my opinion of the Islamic bank is like the Islamic society. What is your opinion of the Islamic society? Do you like it? He said: No, by Allah. I said to him: No, by Allah.
The questioner : ... every contract in the Islamic bank has its own ruling.
The Shaykh : Yes, a general ruling is not given.
The questioner : A general ruling is not given. May Allah reward you with good.
The Shaykh : And beware of that.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.