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1735208/06/2008

Can she take the profits on certificates from the Islamic and commercial banks?

Question: 106151

I have a certificate that was in an Islamic bank, then it was transferred to a regular bank. Is the interest that was added to this certificate haraam? Can I take the original amount of money and leave the interest that was added by both banks?.

Praise be to Allah, and peace and blessings be upon the Messenger of Allah and his family.

Firstly: 

There is nothing wrong with
taking the profits that the Islamic bank gives to its customers who invest
their money in Islamically acceptable mudaarabah or in permissible shares. 

With regard to the interest
paid by the riba-based bank, it is haraam riba and it is not permissible to
take it. It is not permissible to deposit money in a riba-based bank except
in the case of necessity, in order to protect the money when there is no
Islamic bank. In that case it should be limited to depositing the money in a
current account with no interest, so as to do the lesser of two evils. 

We have previously
explained the prohibition on dealing in investment certificates of groups A,
B and C, and we quoted a statement by the Islamic Fiqh Council concerning
this matter, in the answer to question number
98152

In order for investment or
mudaarabah to be valid, the following conditions must be met: 

1.The bank must invest the money
in permissible ways, such as establishing beneficial projects, building
housing and so on. It is not permissible to invest the money in building
riba-based banks, cinemas or giving loans with interest to the needy. Based
on that, it is essential to know the nature of the investments made by the
bank.

2.There should be no guarantee on
the capital. The bank should not stipulate that it is obliged to return the
capital if the bank incurs a loss. If the bank stipulates that it will
guarantee the capital, then this is in fact a loan contract, and any
interest that is paid on it is pure riba.

3.The profit should be specified
and agreed upon from the outset, but it should be specified as a percentage
of the profit and not from the capital. So one of them may get, for example,
one third or half or 20% of the profits and the rest goes to the other
party. The contract is not valid if the profit is not known and is not
specified. The fuqaha’ have stated that mudaarabah becomes invalid if the
percentage of profit is not known.

It says in Mataalib Ooli
al-Nuha (3/517): If he says: Take this as mudaarabah and you will have a
portion of the profit or a share of the profit or something of the profit,
this is not valid because it is unknown, and mudaarabah is not valid unless
it is for a known amount. End quote. 

Thirdly: 

What you have to do is
withdraw the money from the riba-based bank, and repent to Allaah. Whatever
interest you have received, it is not permissible for you to make use of it;
rather you should get rid of it by spending it on the poor and needy or in
the public interest. 

May Allaah increase us and you in understanding and knowledge. 

And Allaah knows best.

Source

Islam Q&A

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