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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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What is the ruling on my work in the accounts department of the bank?

Machine translationRead the Arabic original
The Shaykh : Which department is it?

The questioner : The execution department; it executes the judgments issued.

The Shaykh : Yes.

The questioner : So, everything that enters the court, whether blood money, maintenance, or financial rights belonging to a person, these funds go into the court’s deposit.

The Shaykh : Yes.

The questioner : And from the court’s deposit to Abu Dhabi Commercial Bank, which is an interest-based bank.

The Shaykh : Yes.
The student : So the court’s deposit is the bank.

The Shaykh : Yes.
The student : So, I write this deposit, depositing this amount into the accounts department.

The Shaykh : Yes.

The questioner : And this department transfers the amount to the bank. If the rightful owner or the judgment creditor comes to collect his right, I order the disbursement. It goes to the accounts department, he takes a check, and he receives it from the bank based on this check.

The Shaykh : Yes.
The student : And there are, of course, interest earnings on this money that goes to the bank.

The Shaykh : Yes.
The student : The court does not touch these interest earnings; rather, the Diwan or the ruler disposes of them.

The Shaykh : How do you mean? What is the difference between the court and the Diwan?

The questioner : The Diwan is the Diwan of the head of state.

The Shaykh : It has no connection to the court?

The questioner: Yes.

The Shaykh : The Diwan has no connection to the court?

The questioner : No, in fact, the Diwan is the final authority. That is, when a judgment is issued in the court, for example, a hadd punishment from the limits of Allah, such as stoning or otherwise, they go to the Diwan.

The Shaykh : Yes.
The student : The Diwan signs the judgment, so it is either executed or the judgment is changed, for example, from stoning to life imprisonment.

The Shaykh : Yes.
The student : So, this is the situation. The Diwan has supreme authority because the head of state is the one who disposes of it.

The Shaykh : Who transfers the funds I mentioned to the bank, the court or the Diwan?

The questioner : The court.

The Shaykh : The court.

The questioner: Yes.

The Shaykh : And this transfer does not happen except by your order.

The questioner : Yes, in the accounts department, it happens.

The Shaykh : In that case, your work is not permissible.

The questioner : I mean, Shaykh, the person against whom the judgment was issued gives me an amount and says, “This is for my ex-wife.”

The Shaykh : Yes, yes, and you order it to be sent to the bank.

The questioner : No, to the accounts department, which is in the court.

The Shaykh : Okay, and after that?

The questioner : The department sends it to the bank.

The Shaykh : Are you not the one who sends it?

The questioner : No, but I know that it goes to the bank.

The Shaykh : I know.
The student: Yes.

The Shaykh : There is a very big difference between you being the one who knows but does not send it directly, and you being the one who sends it.

The questioner: Yes.

The Shaykh : There is a difference.
The student: Yes.

The Shaykh : Therefore, if you are the one who processes the accounts and receives according to the decision or what is sent to you, and then you transfer it to an office whose position may be higher than yours, and he in turn transfers the money to the bank, I think your responsibility is not, at least, the same as the responsibility of the one who transfers it directly.

The questioner: Yes.

The Shaykh : This is all I have in terms of an answer.

The questioner : Okay, Shaykh, this is regarding the deposit. But as for the disbursement, if the rightful owner comes to collect, I write, “Disburse such-and-such an amount to so-and-so.” She goes to the accounts department, taking the file from me, and the accounts department gives her a check to the bank, and she receives it from the bank.

The Shaykh : I mean, the same method.

The questioner: Yes.

The Shaykh : The same way.

The questioner : Only the disbursement is done directly through the bank, from the accounts to the bank.

The Shaykh : I say, as I told you earlier, the matter differs between you being the one who transfers it directly or ordering the bank directly. The situation differs, even though it is not free from doubt.

The questioner : Ah, so it is better that I look for another job, Shaykh.

The Shaykh : Without a doubt, and without any hesitation.

The questioner : May Allah preserve you, Shaykh.

The Shaykh : May Allah keep you safe.
Source www.al-albany.com

The Arabic text is copied verbatim from the original source, without any edits.

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