The Shaykh’s remarks on those who issue fatwas based on dispensations in order to facilitate people’s interests.
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The Shaykh : The Islamic banks were established just like the other banks. Then, when people began demanding certain rulings and their application, the responsible managers in the banks started trying to derive rulings or seek fatwas from some of the Shaykhs. They find, and I will not hide from you, that those who issue fatwas to them do so based on the opinions of men, not on what Allah and His Messenger (peace and blessings be upon him) said. Herein lies the danger. You know, for example, that in many legal matters there is disagreement among the jurists. For instance, regarding prayer, one school of thought says this prayer is valid, while another says it is not valid. Do you have a background in these meanings?
The questioner : Of course.
The Shaykh : One person performs ablution, and one says his ablution is not valid, while the other says it is valid, and so on. Similarly, there is this kind of disagreement in transactions. I once contacted one of the founders of the Islamic bank here, and a long discussion took place between us. I learned that he picks up dispensations, taking and adopting the opinion of those who conduct these usurious transactions, because there is a deviant logic contrary to the Shari'ah that says: "Whoever follows a scholar will meet Allah in safety." Whereas the Muslim is supposed to follow the Book of Allah and the Sunnah of the Messenger of Allah (peace and blessings be upon him). Of course, we do not want every Muslim to be a scholar of the Book and the Sunnah, but we want every Muslim to ask and know the ruling of Allah and the ruling of the Messenger of Allah (peace and blessings be upon him) in any matter in which he wishes to worship Allah (Blessed and Exalted is He). When the banks were established, they were not established on Islamic jurisprudence at all. But when the pressures and requests were directed at them, they started asking and taking some answers from some opinions that contain leniency contrary to the Shari'ah. This is because these opinions were not based on jurisprudence derived from the Book and the Sunnah, but rather on facilitating people’s interests. This is what I heard from many of those with whom we met. Perhaps, if Allah wills, in another meeting we will hear about some other transactions to examine them through the lens of the Shari'ah as well, and to determine whether they help Muslims improve their dealings with the banks or separate from them. This is enough for now, and praise be to Allah, Lord of the worlds.
The questioner : Of course.
The Shaykh : One person performs ablution, and one says his ablution is not valid, while the other says it is valid, and so on. Similarly, there is this kind of disagreement in transactions. I once contacted one of the founders of the Islamic bank here, and a long discussion took place between us. I learned that he picks up dispensations, taking and adopting the opinion of those who conduct these usurious transactions, because there is a deviant logic contrary to the Shari'ah that says: "Whoever follows a scholar will meet Allah in safety." Whereas the Muslim is supposed to follow the Book of Allah and the Sunnah of the Messenger of Allah (peace and blessings be upon him). Of course, we do not want every Muslim to be a scholar of the Book and the Sunnah, but we want every Muslim to ask and know the ruling of Allah and the ruling of the Messenger of Allah (peace and blessings be upon him) in any matter in which he wishes to worship Allah (Blessed and Exalted is He). When the banks were established, they were not established on Islamic jurisprudence at all. But when the pressures and requests were directed at them, they started asking and taking some answers from some opinions that contain leniency contrary to the Shari'ah. This is because these opinions were not based on jurisprudence derived from the Book and the Sunnah, but rather on facilitating people’s interests. This is what I heard from many of those with whom we met. Perhaps, if Allah wills, in another meeting we will hear about some other transactions to examine them through the lens of the Shari'ah as well, and to determine whether they help Muslims improve their dealings with the banks or separate from them. This is enough for now, and praise be to Allah, Lord of the worlds.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
