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Thread: Please Advise me: $ matters

  1. #1
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    Default Please Advise me: $ matters

    Salam Alikom Brothers and Sisters,
    I just have encountered an issue and I need your advise and inshallah I know you have the solution.
    - Someone has got money and other not. the poorman asked the rich one to buy something for him which costs for example 600 $. The other told him he will buy it for him in case he paid him back 750$ in 10 months = 75 $ per month.

    Is that halal or Riba, Usury, please advise me and ask for more clarifications if you need to.
    JZK.
    Salam


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    Default Re: Please Advise me

    Gaber,

    anything received back above the amount given, if it is on an agreement that the person gives back more than he took, then it is riba and haraam, so in this case, if what the poor person asked for, he dont desperately need for survival [such as food or something, when the person has no other recourse to get it in a halaal way] then it would be impermissable and haraam to get into such an interest/riba contract/deal

    If however the poor person desperately needs that thing, which without he will face terrible hardship or something, then the case may be different allthough I'm not sure of this

    I think there are some 'scholars' these days trying to say that a little amount [and not an exorbitant amount] of interest is halaal, but as far as I know the righteous Scholars dont accept that, such as mufti Taqi usmani who refused to back such an opinion

    In the name of Allah, Most Compassionate, Most Merciful,


    Bank interest (riba) is unlawful and sinful even if it is a very small amount that does not harm the one paying interest, as the reason for its prohibition is paying an excess amount on a loan taken, regardless of whether one is harmed or otherwise.


    One must always remember that the rulings of Islam are based on their legal reasoning (illa), and not the wisdom. Indeed, one of the wisdoms behind the prohibition of interest is not to harm the interest-payer. However, the ruling of its prohibition is not based on the presence of this wisdom, rather on the reasoning, which is to demand an excess amount upon a loan advanced to another.


    Similarly, bank interest will remain unlawful even if there are no institutions helping people in acquiring interest-free loans. One would have to search for an alternative interest-free loan or seek some other form of financial assistance. For further clarification, please refer to the excellent work ?The Historic Judgment on Interest? by Shaykh Taqi Usmani, available from most good Islamic bookshops.


    And Allah knows best


    Muhammad ibn Adam al-Kawthari
    Darul Iftaa, Leicester, UK

    http://qa.sunnipath.com/issue_view.a...=4681&CATE=119


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    Default Re: Please Advise me

    Jazaka Allahu Khayran brother, but some people today take this as a job, he buys things to people and take the money back in along period of time but with an excess. another thing, what if the mufti says bank interest is Halal? as here in Egypt? What do I follow?


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    Default Re: Please Advise me

    Quote Originally Posted by gaberhanafy View Post
    Jazaka Allahu Khayran brother, but some people today take this as a job, he buys things to people and take the money back in along period of time but with an excess. another thing, what if the mufti says bank interest is Halal? as here in Egypt? What do I follow?
    This may be a different case brother where the person is basically buying the thing and selling at a higher price but I am not sure if the exact circumstances and way of the deal is ok or not so it is best to make sure from a Scholar inshALlah

    In regards to who to follow if a mufti says interest is ok; we should look to see if there are valid differences of opinions on this within the ahlus Sunnah brother - and for this we should consult well known trustworthy Scholars such as those of sunnipath or zaytuna or Deoband, etc; I think al-azhar may have fallen under the influence of the Egyption government a bit for Mufti Taqi usmani said that Al-Tantawi? [I think it was] backed the small amount of interest opinion probably at the request of the government - if not, then we should take the opinion of the righteous Scholars/majority of Scholars and abide by that and consider the minority opinion on this as spurious and astray
    Last edited by Abu-Abdullah; 13-12-2009 at 12:15 PM.


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    Default Re: Please Advise me

    tamam tamam mashallah, may Allah guides us and thanks for the information


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    Default Re: Please Advise me

    Quote Originally Posted by gaberhanafy View Post
    Salam Alikom Brothers and Sisters,
    I just have encountered an issue and I need your advise and inshallah I know you have the solution.
    - Someone has got money and other not. the poorman asked the rich one to buy something for him which costs for example 600 $. The other told him he will buy it for him in case he paid him back 750$ in 10 months = 75 $ per month.

    Is that halal or Riba, Usury, please advise me and ask for more clarifications if you need to.
    JZK.
    Salam


    There are two ways to go about the case mentioned:

    1. The rich person is lending the money and asks for his loan to be paid back in a greater amount. This is riba and haram.
    2. The rich person buys the item and sells it to the poor person for profit and takes payment in instalments. This is permissible.



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    Default Re: Please Advise me

    Quote Originally Posted by gaberhanafy View Post
    Salam Alikom Brothers and Sisters,
    I just have encountered an issue and I need your advise and inshallah I know you have the solution.
    - Someone has got money and other not. the poorman asked the rich one to buy something for him which costs for example 600 $. The other told him he will buy it for him in case he paid him back 750$ in 10 months = 75 $ per month.

    Is that halal or Riba, Usury, please advise me and ask for more clarifications if you need to.
    JZK.
    Salam
    assalamouleikoum
    its halal in this case: if there is no time condition it means if the poor man cant give 75 $ at the end of the month you cant charge him more money.(even if he give money later you cant take more than 750 from him).
    in bank interest there is this time condition...

    allah knows best...


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    Default Re: Please Advise me

    Assalamu aliakum,

    Whether or not the above transaction is permissible depends upon several factors. If the rich man makes it a condition from before that the poor man must buy the item from him after the rich man himself buys it, then this condition is not permissible and the transaction will not be permissible.

    However if the rich man buys the item and he is in a position that if the poor man wants he can back away from buying the item from the rich man, OR if the item gets destroyed in the hands of the rich man the poor man has no liability to pay the rich man anything - then this transaction will be permissible.

    If you have any confusion please ask again.


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    Default Re: Please Advise me

    jazakum Allah Khayran, it is the second case


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    Default Re: Please Advise me

    Quote Originally Posted by ickbal 974 View Post
    assalamouleikoum
    its halal in this case: if there is no time condition it means if the poor man cant give 75 $ at the end of the month you cant charge him more money.(even if he give money later you cant take more than 750 from him).
    in bank interest there is this time condition...

    allah knows best...
    there is no time condition


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