A question regarding a matter of a loan.
Machine translationRead the Arabic original
Abu Layla : I have a question before you.The Shaykh : From our brother Abu Ma’har, who sends you his greetings. The question, may Allah will it, is from our brother Ali.
Al-Halabi : He saysThe questioner : We are employees of the Relief Agency, and we work with them. The Agency deducts seven percent of our salary. We requested this entity to give us a portion of this savings, and an agreement was reached. This agreement grants the employee eighteen months’ salary in a single lump sum if he has completed ten years of service or more, on the condition that repayment is made over a period of seventy-two months without riba (usury or interest) or profit. The Agency will deduct two and a half percent, only once, as a fee for the staff or apparatus that will oversee the implementation of this agreement. This staff will remain continuously to perform this work for all employees, even for those who wish to renew a loan request after the end of the seventy-two-month repayment period. Is there anything wrong with this loan? Please rule for us, and may Allah reward you with good.
Abu Layla : There is a note, of course... the two and a half percent.
The Shaykh : The problem here is the two and a half percent. It appears, and Allah knows the unseen, that it is a ruse of riba (usury or interest). If it is not a ruse of riba, and is truly a fee for work performed by some employees, and it is not the nature of these employees to perform this work, then in this narrow case, this percentage can be considered a fee. However, if it is part of their work and nature such that they do not free up time from the hours for which they receive a named salary to dedicate specifically to such registration, then this is deception and falls under the category of naming riba (usury or interest) as profit.
Al-Halabi : Our Shaykh, the second view is supported, and Allah knows best. They say that this will be taken only once, and even if someone takes a loan a second time, they do not take the two and a half percent from him. This supports that it is not riba (usury or interest) or profit or something of that sort. I do not know about this view.
The Shaykh : In any case, we cannot judge the reality of this percentage, but we say: if it is like this, then it is like this; otherwise, it is not.
Abu Layla : Our Shaykh, our brother Abu Ma’har mentioned to me that the brother who discussed this topic is very careful and religious, and that he does not approach riba (usury or interest). From this perspective, it was reported to him that this staff—is it specific to this project only?
Al-Halabi : He saysThe questioner : We are employees of the Relief Agency, and we work with them. The Agency deducts seven percent of our salary. We requested this entity to give us a portion of this savings, and an agreement was reached. This agreement grants the employee eighteen months’ salary in a single lump sum if he has completed ten years of service or more, on the condition that repayment is made over a period of seventy-two months without riba (usury or interest) or profit. The Agency will deduct two and a half percent, only once, as a fee for the staff or apparatus that will oversee the implementation of this agreement. This staff will remain continuously to perform this work for all employees, even for those who wish to renew a loan request after the end of the seventy-two-month repayment period. Is there anything wrong with this loan? Please rule for us, and may Allah reward you with good.
Abu Layla : There is a note, of course... the two and a half percent.
The Shaykh : The problem here is the two and a half percent. It appears, and Allah knows the unseen, that it is a ruse of riba (usury or interest). If it is not a ruse of riba, and is truly a fee for work performed by some employees, and it is not the nature of these employees to perform this work, then in this narrow case, this percentage can be considered a fee. However, if it is part of their work and nature such that they do not free up time from the hours for which they receive a named salary to dedicate specifically to such registration, then this is deception and falls under the category of naming riba (usury or interest) as profit.
Al-Halabi : Our Shaykh, the second view is supported, and Allah knows best. They say that this will be taken only once, and even if someone takes a loan a second time, they do not take the two and a half percent from him. This supports that it is not riba (usury or interest) or profit or something of that sort. I do not know about this view.
The Shaykh : In any case, we cannot judge the reality of this percentage, but we say: if it is like this, then it is like this; otherwise, it is not.
Abu Layla : Our Shaykh, our brother Abu Ma’har mentioned to me that the brother who discussed this topic is very careful and religious, and that he does not approach riba (usury or interest). From this perspective, it was reported to him that this staff—is it specific to this project only?
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.