Fatwas and legal rulings

There is no legal objection to dealing with banks and taking their interest and spending from them in all aspects of permissible alimony. There is nothing wrong with that; Because the relationship between banks and those who deal with them is “finance.” If the interest results from a financing contract, then the interest is not prohibited. Because they are not interest on loans, rather they are financing profits resulting from contracts that achieve the interests of their parties, and they have nothing to do with forbidden usury, which is forbidden in the Qur’an and the Sunnah, and which the nation is unanimously forbidden. the details .... The Islamic Sharia took into account the needs and interests of the taxpayers, so it allowed them to deal with what would straighten their lives and set their conditions. The texts came to solve some of the transactions in detail; such as selling, leasing, mortgaging and so on, as there are texts that stipulate the obligation to fulfill contracts; As the Almighty said: “O you who believe, fulfill the contracts” [Al-Ma’idah: 1]. According to the requirements of the capacity of the language, and taking into account that the principle in things is permissibility; As the Almighty said: “And He has made subservient to you whatever is in the heavens and all that is on the earth, from Himself” [Al-Jathiyah: 13]. Imam al-Shafi’i said in his “Tafseer” (2/692, i. Dar al-Tadmuriyyah): [This is from the broad tongue of the Arabs with which I was engaged, and its apparent meaning is common to every contract] ah. And Imam Al-Razi said in his “Tafsir” (20/337, i. Ihya Al-Turath House): [In his saying: “Fulfill the contracts,” each of the contracts included, such as the contract of sale and partnership, the contract of oath and vow, the contract of peace, and the contract of marriage. To sum up: The requirement of this verse is that every contract and covenant made between two people, then they must fulfill the requirements of that contract and covenant, unless separate evidence indicates that it is not obligatory to fulfill it. Ah. The jurists have stated that it is permissible to create new contracts; Because that is in keeping with what it finds from the facts of the situation and changing them; Rather, they made a chapter of jurisprudence for this reason, which they called “the jurisprudence of calamities,” and it concerns all new matters that were not specifically mentioned in the texts of Sharia. Imam al-Sarakhsi al-Hanafi said in “Al-Mabsout” (23/92, i. Dar al-Maarifa): [The basis in contracts is authenticity] ah. And the scholar Al-Desouqi Al-Maliki said in his footnote to “Al-Sharh Al-Kabeer” (2/317, i. Dar Al-Fikr): [The basis for contracts is authenticity] ah. And Sheikh Ibn Taymiyyah al-Hanbali said in “Al-Fatawa al-Kubra” (4/79, i. Dar al-Kutub al-Ilmiyya) in support of this saying and its weighting: [The second saying: that the principle in contracts and conditions is permissibility and validity, and it does not prohibit and invalidate them except what is indicated by the text of its prohibition and invalidity. , or an analogy according to those who say it, and the origins of Ahmad mentioned by him are most consistent with this saying, and Malik is close to him, but Ahmad more correct of the conditions; There is no more correctness of the conditions in the four jurists than him] ah. This is what is established and the fatwas are adopted in this time when the calamities of contracts have arisen, and the methods of transactions, their means and methods have varied. The principle in contracts is health; whether stipulated inherited contracts; Such as selling, buying, leasing and others, or they were new contracts that were not specifically mentioned and detailed in the texts, as long as they are free from harm and deception, and the interests of their parties are fulfilled. And what the fatwa of the Egyptian Dar al-Iftaa established and decided by the Islamic Research Academy in Al-Azhar al-Sharif: Depositing in banks, savings books, investment certificates, and the like is from the newly created contracts that their parties enter into with the intention of investing, and it is not a matter of loans that draw forbidden interest, and it has nothing to do with usury, and it is permissible. legally; Taking into account what is required of investigation and action, it is permissible to create new contracts if they are free of ambiguity and harm. The depiction of these contracts was different in it before the issuance of the Banking Law: some of the contemporary scholars have taken the path of loans; Forbidden increase without looking at the intent of the contract. Some of them looked at its investment intent, which is the purpose and purpose of the contract. He made it a matter of financing, until the Egyptian Banking Law No. 88 of 2003 and its executive regulations issued in 2004 were issued. To interrupt by portraying the relationship between banks and those dealing with them as being a matter of “financing,” and the ruling of the ruler removes the dispute, and if it is financing, then the interest is not prohibited; Because they are not interest on loans, rather they are financing profits resulting from contracts that achieve the interests of their parties, and they have nothing to do with forbidden usury, which is forbidden in the Qur’an and the Sunnah, and which the nation is unanimously forbidden. Based on that: it is permissible to deal with banks, take their interest according to Islamic law, and spend from them in all aspects of permissible alimony without any objection. only God knows.