August 25, 2024

Lawyers activities related to interest

(#223)

Question

Dear Shaykh,

I have attached the context of Fatwa. 

Question 1: Dear Shaykh, could you please write a Fatwa about the issue based on the  document attached specially for the lawyer in New Zealand who is appointed by the Bank to work for both Bank and the borrower to execute the interest-based loan approval process. Without a lawyer ‘s direct signature on the Solicitor’s Certification the bank loan agreement is not executed, and the money is not transferred to the borrower’s account or lawyer trust account.

Is this:

1.      A Haram act for a Muslim lawyer?

2.      A Mubah act for a Muslim Lawyer?

Or

3.      The whole issue is a MUSHTABIHAAT (grey matter)?

Question 2: Is it permissible for the car sellers who are helping customers to get a car loan from the bank?

Question 3: Is it permissible to do a job in a traditional Interest based Banks anywhere especially in New Zealand?

Please advise me at your earliest convenience.

Jazakallah Khairan,

Sincerely Yours,

Answer

بسم الله الرحمن الرحيم

السلام عليكم و رحمة الله و بركاته

حامدا و مصليا و مسلما

Muhtaram

We have received your query regarding involvement with the bank, we apologise for the belated reply, our response is as follows:

  1. It will not be permissible to sign the bank loan agreement. Rasulullah sallallahu alai wa sallam has cursed the one who consumes Riba (usury) and the one who pays it, the one who writes it down and the two who witness it, and he said: they are all the same (Saheeh Muslim 1598). 
  2. It will not be permissible for car dealers to arrange finance on behalf of his customers through commercial banks.[1]

3. To work in a bank is not permissible. [2]

And Allah Ta’ala knows best

Answered by:

Muhammad Irshad Motara

19th Safr 1446

25th August 2024


[1] Darul Ifta Azaadville Archives

[2] Ahsanul Fatawa Vl 8, pg. 90 & pg. 100