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A. Interest on Bank Deposit |
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Despite best
efforts for years we have not been able to
finalize a one pg paper for practical use,
for bank deposits only esp in
gulf countries where the banks can be considered
to be Muslim banks. Conflicting views have come
& all italics at least need reconfirmation. It
would be v useful if you can help as many people
don't know about this & may use haram money.
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I.
Classification of Banks (for the purpose of
banking sharia rules) |
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A. MUSLIM Bank
(in any country incl. kafir
country) (m)
1a. 100% private (mp)
1b.100% government (need
not be Islamic system)? (mg)
1c. Mixed (even if v small %of either pvt or
govt) (mm)
B. KAFIR Bank(including
kafir govt) (k)
1a. In muslim country (majority citizens are
muslims) (km)?
1b. In Kafir country (kk)
Definition of Kafir bank( Urf?)
no
In case of a mixture of Muslim & Kafir Bank
rules of muslim bank will apply |
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Issue of Keeping
deposit & taking interest |
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i Ayatollah
Khoie ruling The initial niyat should be
that interest will not be demanded if not
given,for all types of banks.(However one
can even sign any document with any clause.)
*For mp bank
It is ok to receive & keep full interest.
*For mg,mm&km banks(Majhool ul Malik?)
Permission has to be taken from Marja/Vakil AND
50% of interest amount received is to be
given as sadqa.(will
be determined by live mujtahid.After passing
agha khoi 50 % is'nt appplicable)
General permission can be taken or may be
required every timeif
mujtahid wants he can give general permission
valed till his death
*For kk bank
It is ok to receive & keep full interest.
All these rulings including 50% is applicable
even after passing away of Ayat Khoie.
no
Other marjas ruling if less than 50 % cannot be
used by mukallid of ayat khoie?
ii Ayatullah
Seestanis ruling
The niyat definition is different.The
niyat should strictly be for safekeeping
or other than to receive interest.(in
book of agha sistani the masala of condition is
this ;while depositing the amount one should not
put the condition of intrest)
Same ruling then applies for the different types
of banks as that of ayat Khoie
Except that in case of km bank it is 100% ok to
take the interest amt????
Principal amount remains unaffected & can be
withdrawn despite being deposited in mg,mm,km
banks& getting mixed with other money. All the
lines in italics need reconfirmation.
30 August2000 |
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B. Loan from Bank
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Govt. bank: Loan agar
bank se li jaey to zaroori hai ke
majhool-ul-malik ki niyyat se liya
jaey. Mujtahid agha seestani ne is ki
permission di hai. Aur jab wapis daine ho to
extra daine me koi haraj nahi. Dar asal aap
loan wapis nahi de rahe. Kaikin agar govt.
me loan ki niyyat ki to haraam hoga.
Non
muslim Bank: Us mai
bhi loan ki niyyat se lena haraam hai.
Laikin wo non muslim jis ka maal mohtaram
nahi hai is se loan ko laina jaiz hai laikin
loan ki niyyat se nahi balke
‘Istinqaz’ ki niyyat se yani iska
maal laine ki niyyat se kyunke is ka maal
mohtaram nahi hai is liye laina jaez hai but
not as a loan. Agha seestani ke lihaaz se
chahe pvt. ya non muslim govt. ka bank ho.
Agha Khoei ke
lihaaz se non muslim ka ye masala hai.
Laikin govt. non muslim = govt. bank.
Pvt.
bank:
(i.e.
Muslim Pvt. bank)
Koi tareeqa nahi loan with
interest ka -
haraam hai
Laikin agar
koi loan ki niyyat le with interest to
haraam hai laikin wo maal jo as a loan liye
hain wo halaal hain.
Lekin
agar Pvt bank mein kuch hissa Govt( non
muslims ?) ke koi idare ka ho to use hum
govt bank maan sakte hai
Muslim Govt - definition ?
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ACCOUNTING For
Interest |
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It has not been
possible to resolve this matter re
Permissibility of ' Accounting for interest ' (
Paid or recd) by a Accountant.
There is a person who makes voucher & passes the
accounting entry in the computer & there is a
person who authorizes or supervises this
transaction Please help in completing this chart
.This has serious implications for all momin
accountants
Permissibility of Accounting for Interest by a
Momin Accountant
Co./Employer
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Shia (fiqh ok) |
Muslim |
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Non Muslim |
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Interest Paid to Lending Bank
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Muslim |
Non Muslim |
Unknown |
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ok |
ok |
ok |
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interest Received from Deposit
Bank
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Muslim |
Non Muslim |
Unknown |
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ok |
ok |
ok |
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Notes
In case of Govt. Bank in Muslim country - treat
as Muslim bank
In case of Govt. Bank in Non Muslim country -
treat as Non Muslim bank irrespective of Muslim
sharholding
In case Shareholding even > 1 % of Muslim treat
as Muslim ?
Please find
below the answer (s) to your question (s)
according to the ruling of Ayatullah Sistani: |
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Question :
Sir, during his job, an accountant has to deal
with different types of interest transactions.
However, an accountant has nothing to do with
that interest (neither he takes interest nor he
gives it), rather his duty is merely to record
these transactions and keep a record of that.
Moreover, he personally thinks that this is a
bad act (giving and taking interest) and that it
should not be practiced but he has to do so as
this is an integral part of his job. What is
your kind opinion in this regard? Is it allowed
or not? |
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A: (016) If
he [i.e. the accountant] is able to refrain from
recording these transactions then there is no
objection, otherwise it is not allowed.
given below is a Q& A from a site
http://www.sistani.org/html/eng/menu/4/?lang=eng&view=d&code=62&page=1
can u pl clarify since hardly any one will be
able to work as an accountant as most companies'
accounts involve recording of interest. |
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Question :
Sir, during his job, an accountant has to deal
with different types of interest transactions.
However, an accountant has nothing to do with
that interest (neither he takes interest nor he
gives it), rather his duty is merely to record
these transactions and keep a record of that.
Moreover, he personally thinks that this is a
bad act (giving and taking interest) and that it
should not be practiced but he has to do so as
this is an integral part of his job. What is
your kind opinion in this regard? Is it allowed
or not? |
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Answer :
Given the supposition made in your question, the
job is not permissible because it involves
keeping, recording and dealing with interest
based transactions. |