Fatwas and legal rulings

Views17 | Date of publication09/14/2022

Ruling on financing associations and institutions for micro-enterprises

What this association and others do to support projects that serve a large segment of citizens is legally permissible. Because these contracts are in fact financing contracts between the association and other parties that carry out these small projects, and this is one of the charitable deeds that are rewarded for facilitating the members of society and helping them to establish productive projects by which they establish their pension and benefit their community. the details .... These contracts are legally defined as financing contracts between the association and other parties involved in small projects, and investment financing contracts between banks, public bodies or associations on the one hand, and individuals or institutions on the other hand, which are decided upon based on feasibility studies for various projects and investments, which are in fact new contracts. It achieves the interests of its parties, and the fatwa is obligatory that it is permissible to create new contracts 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; As favored by Sheikh Ibn Taymiyyah and others. In addition, the legal personality represented by the state, bodies, and public associations has provisions that differ from the provisions of the natural personality. Where the jurists considered four directions for changing the rulings, among them the change of the rulings according to the nature of the persons; They decided, for example, that no zakat is due on the endowment money, the mosque, and the bayt al-mal, and the permissibility of borrowing the endowment with profit when needed. And such an activity presented in the question is not the usurious loan that the honorable Sharia revealed by forbidding it. Rather, if we say that this activity is cooperation in righteousness and piety, we would not go beyond reality, so perhaps the ignorance in its many forms; Whether it was doubled or not, it was often an exploitation of people's needs, and was based on the profit of the lender, and was productive for increasing the number of the poor and increasing their poverty; That is, to increase poverty in terms of quantity and quality, and to increase the gap between the rich and the poor. While the project mentioned in the question and its likes are based on the contrary for the purpose of not profiting or exploitation, rather it increases productivity in society, rotates production, activates the market, prevents depression, and raises the standard of living of individuals. Other than that, this is for the sake of deeds and the purest of them according to our King, Glory be to Him. This project should not be called lending; Because that causes confusion with the rule “every loan that brings a benefit is usury.” Based on that and in the case of the question: This project is legally permissible. Rather, it is considered one of the charitable deeds for which you will be rewarded as a reward for your facilitation of women and youth and their help in establishing productive projects by which they establish their livelihood and benefit their society. only God knows.