Fatwas and legal rulings

It is permissible in Islamic law to take advantage of the initiative of the Central Bank to encourage investment projects by opening a credit with one of the national banks for what the fatwa has settled on that it is permissible to create new contracts from those that are not named in the inherited jurisprudence, as long as they are free from deception and harm, and fulfill the interests of their parties, and with regard to what is stated in the contract. -which has been attached- from considering the entire debit balance of the facility immediately and payable: this is a legally considered penal condition that may be agreed upon and enforced between its two parties the details The transaction responsible for it falls legally under the so-called “ordinary or simple credit opening contract”, which is a contract whereby the bank puts at the beneficiary’s disposal means of payment to fulfill the customer’s obligations towards the beneficiary within the limits of a certain amount for a specific or unspecified period; As defined in the first and second paragraphs of Article No. 338 of the Egyptian Trade Law No. 17 of 1999. This is evident in the terms of the attached contract; Where the bank under this contract grants the second party (the customer) a current debit credit, provided that this credit is allocated to finance the working capital of the second party in accordance with the provisions of the Central Bank’s initiative to finance companies dated: 1/1/2016 AD, and the second party has the right to withdraw from this credit By checks drawn on the bank or through transfers only, in return for a 5% decreasing return on the total amount of the credit, in addition to a commission payable on the highest debit balance of the facility, which is increased every month. As is clear from the above: the bank, under this contract, finances the investment activity of the client so that he can continue his investment projects. Financing contracts between banks on the one hand and individuals or institutions on the other hand, in which spending is decided to perform a known service based on feasibility studies for various projects and investments, are in fact new contracts that achieve the interests of their parties. What is required for jurisprudential investigation and fatwa work: that it is permissible to create new contracts from the contracts that are not named in the inherited jurisprudence as long as they are free of legal impediments and fulfill the interests of their parties. Worship, treatment, and praise; This is evidenced by the Noble Qur’an, God Almighty’s saying: “And God has permitted trade and forbidden usury” [Al-Baqarah: 275]. And the significance of the verse is the generality in his saying: “Selling”; Vallam here is for sex, only what is excluded from the law. Imam al-Qurtubi said in “Al-Jami’ Ahkam al-Qur’an” (3/356, Dar al-Kutub al-Masryah): [The Almighty says: “And God has permitted trading and forbidden usury.” If a mentioned sale has not been submitted, it shall be referred to] AH. This is clearly evident in the words of Imam al-Shafi’i, which is the basis for this chapter. Where he said in “Al-Umm” (3/3, i. Dar al-Maarifa): [The basis of all sales is permissible if they are with the consent of the two parties involved. God, may God’s prayers and peace be upon him and his family, is forbidden by His permission, is included in the meaning that is forbidden, and whatever is different from that, we have permitted it by what we have described of the permissibility of selling in the Book of God.] ومن السُّنَّة النبوية المشرفة: ما رواه الإمام مسلم في "صحيحه" عَنْ عُبَادَةَ بْنِ الصَّامِتِ رضي الله عنه أنه قَالَ: قَالَ رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وآله وَسَلَّمَ: «الذَّهَبُ بِالذَّهَبِ، وَالْفِضَّةُ بِالْفِضَّةِ، وَالْبُرُّ بِالْبُرِّ، وَالشَّعِيرُ بِالشَّعِيرِ، وَالتَّمْرُ بِالتَّمْرِ، وَالْمِلْحُ بِالْمِلْحِ , like for like, alike, hand to hand, and if these items are different, then they are sold for whatever it is.” His saying, may God’s prayers and peace be upon him and his family,: “Sell as you like” indicates that the Shariah made the principle in the sale that it is permissible, but he made it clear to them what he wants to exclude, and the same is true in all contracts; Where the fuqaha’ stated that “the principle in contracts is permissibility”; As in “Al-Mabsout” by Imam Al-Sarakhsi Al-Hanafi (23/92, i. Dar Al-Maarifa), “The Footnote of Imam Al-Desouqi Al-Maliki on the Great Commentary” (2/317, i. Dar Al-Fikr), and “Kifayat Al-Nabih” by Imam Ibn Al-Rafa’ Al-Shafi’i ( 9/311, i. Dar al-Kutub al-Ilmiyya), and “Al-Furoo’ and Tasheh al-Furoo’” by the scholar Ibn Muflih al-Hanbali (7/145, i. al-Risala Foundation). That is why the contracts were numerous and varied and differed from one place to another according to the custom of its people and what their interests took place. Imam al-Bukhari included in his “Sahih” a section which he called: (The chapter on “Whoever conducts the matter of the cities according to what they know among them in terms of sales, rent, weight, weight, and their Sunnahs based on their intentions and their well-known doctrines.”) Imam Badr al-Din al-Ayni said in “Umdat al-Qari” (12/16, i. The House of Revival of Arab Heritage): [i.e.: This is a chapter in which it is mentioned: Whoever conducts their affairs to the cities according to what they know among themselves, i.e., according to their custom and their customs in the chapters of sales and rents. And the measure, and in some versions: the measure and the weight like for like: everything that the legislator did not stipulate that it is my measure or my weight works on what is known by the people of that town; For example: rice, for there is no text in it from the street that it is measured or weighty, so it is considered in the custom of the people of each town according to what is customary between them, because in the Egyptian countries it is measured, and in the Levantine countries it is weighed, and other things; Because referring to custom is a set of jurisprudential rules] ah. It is not valid to qualify this contract as a loan; Because the loan is based on attachment and purely charitable; Imam Al-Mawardi said in “Al-Hawi Al-Kabeer” (5/358, i. Dar Al-Kutub Al-Ilmiyya): [The loan is an extension and attachment contract that does not take into account what is observed in contracts of exchange] ah. This contract, as is clear from its clauses, is not an attachment contract; Because attachment contracts are not conceivable except from the