What is the ruling on taking bank interest and giving it to the state that imposes taxes greater than individual income, or paying zakah in place of these taxes?
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The questioner : Peace be upon you, O honorable Shaykh.
The Shaykh : And upon you be peace and the mercy of Allah.
The questioner : I am from Eritrea, and in Eritrea the government oppresses Muslims and imposes taxes on their projects. For example, they have shops and exhibitions, and they take more from them. For instance, if a person earns one hundred riyals a month, they take seven hundred riyals a month just for the rent of the house. For example, if they do not earn a thousand riyals in a year, they take twenty thousand riyals in taxes. We have banks with interest. If, for example, the interest that comes from their money is given to the government, it is something. The interest they get from the banks, instead of leaving it in the bank, is taken by a Christian government. If this bank interest is given to the government that oppresses Muslims now, or if they have, for example, zakah or zakah money, and if they give it, they use it to pay off the government's debt. What is your opinion on this?
The Shaykh : This question, as you heard, states that the government oppresses them by imposing taxes on them that exceed their income. Is it permissible for them to take riba from the banks to spend on these taxes? This is the question.
The second question: Is it permissible for us to pay zakah in these taxes?
And the answer: 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:[At-Tawbah 9:60].
As for taking riba to pay these oppressive taxes, I see that it is also not permissible, because Allah said:[Al-Baqarah 2:278-279] your principal, meaning: without increase [Al-Baqarah 2:279] Yes, if it is assumed that the revenues of these banks return to this oppressive government, then it may be ruled that you take this riba to pay off the oppression against yourself, because you will take it from the oppressive state to pay off its oppression.
As for if the banks belong to other than this oppressive state, I do not see the permissibility of taking it, even though some people rule 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 evangelism, and we do not know if this is true or not?
In any case, the summary of my answer in this issue is: that it is not permissible to take riba from the banks, due to the saying of the Exalted:[Al-Baqarah 2:278-279] He specified the principals.
Then the Prophet (peace and blessings be upon him) said in the sermon of the Farewell Pilgrimage at 'Arafah, the largest gathering of the Muslim community:Mishkat al-Masabih 2555 So look: now a riba contract in the state of shirk was abolished by the Messenger (peace and blessings be upon him) because it is not permissible to take it, and because if a person takes it, his self may 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 may take it intending to get rid of it, but his self overcomes him and he keeps it. And because if a person takes it, others will follow his example. Who knows 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 these banks, this will compel them to establish Islamic banks built on the Islamic Shari'ah. And if people are left to it, it is known that this is easier for the person; that a person puts his money and after a year takes, for example, a tenth or more or less.
So what we see is: that taking riba is not permissible in any case, except that we pause in the last issue, which is if these banks belong to this oppressive state that imposes taxes on people, and a person takes from the riba the amount by which he was oppressed, then this is a point of pause for me, and Allah knows the truth.
The questioner : ...
The Shaykh : How?
The questioner : ...
The Shaykh : What do you say about the one who climbs over the wall?
The Shaykh : And upon you be peace and the mercy of Allah.
The questioner : I am from Eritrea, and in Eritrea the government oppresses Muslims and imposes taxes on their projects. For example, they have shops and exhibitions, and they take more from them. For instance, if a person earns one hundred riyals a month, they take seven hundred riyals a month just for the rent of the house. For example, if they do not earn a thousand riyals in a year, they take twenty thousand riyals in taxes. We have banks with interest. If, for example, the interest that comes from their money is given to the government, it is something. The interest they get from the banks, instead of leaving it in the bank, is taken by a Christian government. If this bank interest is given to the government that oppresses Muslims now, or if they have, for example, zakah or zakah money, and if they give it, they use it to pay off the government's debt. What is your opinion on this?
The Shaykh : This question, as you heard, states that the government oppresses them by imposing taxes on them that exceed their income. Is it permissible for them to take riba from the banks to spend on these taxes? This is the question.
The second question: Is it permissible for us to pay zakah in these taxes?
And the answer: 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 السَّبِيلِAs for taking riba to pay 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 تُظْلَمُونَAs for if the banks belong to other than this oppressive state, I do not see the permissibility of taking it, even though some people rule 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 evangelism, and we do not know if this is true or not?
In any case, the summary of my answer in this issue is: that it is not permissible to take riba from the banks, due to the saying of 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 the sermon of the Farewell Pilgrimage at 'Arafah, the largest gathering of the Muslim community:
The usury of the pre-Islamic period is abolished, and the first of our usury I abolish is that of ‘Abbas b. ‘Abd al-Muttalib, for it is all abolished.
إن ربا الجاهلية موضوع، وأول ربا أضع من ربانا ربا العباس بن عبد المطلب فإنه موضوع كلهSo what we see is: that taking riba is not permissible in any case, except that we pause in the last issue, which is if these banks belong to this oppressive state that imposes taxes on people, and a person takes from the riba the amount by which he was oppressed, then this is a point of pause for me, and Allah knows the truth.
The questioner : ...
The Shaykh : How?
The questioner : ...
The Shaykh : What do you say about the one who climbs over the wall?