Q. Observing Muslims
all over the world which, unfortunately includes those living in Muslim
countries, face the problems brought before them by unwanted interest
money generated in their name through channels they do not control. This
happens inspite of their being careful against whatever is likely to get
them involved in interestbearing activity.
In case, interest does come into their accounts, no matter how unwanted,
is there a valid way under the Shariah through which the identified interest
amount can be desposed off?
1. Can it be taken out of the account and used to pay personal
or company income tax.?
2. Can it be used to pay for insurance dues on cars, houses, materials,
businesses, stores, etc
3. Can interest money be given as part of his or her salary for
work to a non-Muslim? Would that apply to jews and Christians as well?
4. Can this be given to non-Muslim charities unusually solicited
through mail, door-calls and ads, such as, Blood banks, Heart Associations,
Community Service groups, Welfare Committees for the aged, sick, disabled,
prisoners and similar others under disadvantage?
5. There are individuals on the streets and subways asking for
help. Are they entitled to be given this money?
6. There are non-Muslims one knows live under very low income levels.
Would they be preferable as recepients of this interest money?
7. Is it permissible to give this money to Muslims falling in some
of the above categories?
8. Is it right to give this money to: a) Make toilets in Masajid?
b) Help counter anti-Muslim propaganda as climed and accepted by a known
Muslim institution in South Africa?
(S.
Ahmed, New Yourk)
A. As a general rule, no Muslim by his free choice should invest
or deposit his money in an interest-bearing scheme or account.
If a Muslim has deposited his money in an interest-bearing account for
any reason, or the interest has come to his account without his choice
or intention, he should not receive the amount of interest, but should
surrender it to the payer of interest.
However, in non-Muslim countries he can receive the amount of interest
with a clear intention that he will not use this amount for his personal
benefit. In this case it is incumbment upon him to give this amount as
Sadaqah to the poor who do not have the nisab of Zakah.This is not the
normal Sadaqah which a Muslim gives out of his lawful income with an intention
to get reward in the Hereafter. Instead, this Sadaqah is meant only for
disposing off an unclean and unlawful money and to relieve oneself from
the burden of an illgotten gain.
But it should be remembered that this amount is unclean only for the person
who has received it as interest. The poor persons who get it from him
as Sadaqah can use this amount for their personal benefits. This amount
can also be given to one's close relatives who are entitled to receive
Zakah. Even one's adult children can receive this amount from him, if
they are so poor that they can receive Zakah.
Keeping these rules in view, the certain answers to your questions are
as follows:
(1) No, if the amount of interest is used in paying income tax
or other government taxes, it amounts to using it for pers- onal benefit,
hence it is not permissible. Some contemporary scholars of Shariah, however,
have allowed it only where the banks or financial institutions are nationalized.
But I am not satisfied with this proposition. It is a very grave sin to
use interest-money and one should not seek such advices to use the same
for his own benefit.
(2 & 3). No, all these uses are beneficial to the holder of
interest-money, hence impermissible.
(4). As mentioned above, the interest-money can only be given as
Sadaqah to those entitled to receive Zakah and the Sadaqah can only be
performed through tamlik, i.e. by making the payee owner of the amount.
So, This amont cannot be given to any welfare scheme where it is spent
in office expenditure, salaries of the staff, construction of building
or purch- asing things of public use without giving it in the ownership
of a particular person. The interest-money therefore should be given to
some poor person entitled to receive Zakah. But unlike the Zakah money,
the amount of interst can also be given to a poor non-Muslim who does
not own the value of nisab (threshold).
(5). If they are so poor that they do not have the nisab of Zakah,
the interest-money can be given to them.
(6). As mentioned earlier, the interest-money can be given to a
non-Muslim also subject to the condition just mentioned in answer to question
5.
(7). Yes if they are entitled to receive Zakah, they can be given
the interest-money also.
(8). As mentioned in answer to question no. 4 this Sadaqah must
be performed through tamlik, So, the amount cannot be used for making
toilets of a masjid or in the general expenditure of a Muslim association.
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