What is the ruling on unestablished public interests?
Machine translationRead the Arabic original
The questioner : And the printing of books, this is... unestablished public interests.
The Shaykh : What?
The student: From the unestablished public interests.
The Shaykh : I do not accept unestablished public interests, nor do I make them an independent proof. I mean, the foundation of the entire Shari'ah is that it brings benefits to complete or establish them. As for the benefits that are called unestablished public interests, if the Shari'ah testifies to their validity, then they are from the Shari'ah; and if it testifies to their invalidity, then they are not from the Shari'ah. Do you not know that some scholars today say that permitting bank interest is from the unestablished public interests! How? They said the bank benefits from the increase of money, and the other benefits from the fact that he cultivates, establishes factories, establishes trade, so these are unestablished public interests, and the basis for the prohibition of riba is injustice[Al-Baqarah 2:279] and there is no injustice in this; there is benefit for the one who lends and the one who borrows, and for the people as well. Did you understand? It is all based on finding a proof that has not been established. So I say there is no proof called unestablished public interests; rather, what the Shari'ah has testified to as a benefit is taken from it, and what it has not, is not. Yes?
The questioner : ...
The Shaykh : Huh?
The questioner : We said, O Shaykh, that what brings one closer to Allah in itself.
The Shaykh : What?
The questioner : What does not bring one closer to Allah in itself must have a proof.
The Shaykh : Yes.
The Shaykh : What?
The student: From the unestablished public interests.
The Shaykh : I do not accept unestablished public interests, nor do I make them an independent proof. I mean, the foundation of the entire Shari'ah is that it brings benefits to complete or establish them. As for the benefits that are called unestablished public interests, if the Shari'ah testifies to their validity, then they are from the Shari'ah; and if it testifies to their invalidity, then they are not from the Shari'ah. Do you not know that some scholars today say that permitting bank interest is from the unestablished public interests! How? They said the bank benefits from the increase of money, and the other benefits from the fact that he cultivates, establishes factories, establishes trade, so these are unestablished public interests, and the basis for the prohibition of riba is injustice
But if you repent, you may have your principal - [thus] you do no wrong, nor are you wronged.
وإن تبتم فلكم رؤوس أموالكم لا تظلمون ولا تظلمونThe questioner : ...
The Shaykh : Huh?
The questioner : We said, O Shaykh, that what brings one closer to Allah in itself.
The Shaykh : What?
The questioner : What does not bring one closer to Allah in itself must have a proof.
The Shaykh : Yes.