Home
Discover Islam
Quran Recitations
Lectures
Fatwa
Articles
Fiqh
E-Books
Women
Boys & Girls 
Enter Question
View By Subject
Fatwa Of The Week
Selected Fatwa
Fatwa CenterKeeping a usurious bank account while tricking to avoid interest
Question
(1) A year ago, at the time of signing contract for a credit card, I was totally ignorant of the fact that I was entering a forbidden contract. However it suddenly occurred to me 2 of weeks ago that may be I was doing something wrong & I checked out your many fatwas & learned that I indeed was & am committing a sin. After looking at my balance & given my limited income I figured out that it would take me at least 10 months to pay off the total balance, after that I will close this sinful account. My question is: Now that I realized my sins & I do not have a way but to pay off the balance in installments over next 10 months with interest, how can I seek forgives from Allah (swt) especially now that I will be committing the sin of paying interest knowingly for the next 10 months? (2) I have an interest bearing savings account where I have enough money which normally sees me thru the 15th of each month as my rent comes in late which is my only source of income. In other words I use this money as a back up money for the first 15 days of each month. I do not have any additional savings. And when I get the rent, I put the money back in that I used for the first 15 days. We do not have any interest free account in the country of my residence. However if one violates certain rules of maintaining that account, then the bank will not pay the interest money to the savings account in question. The violation includes, that if your number of withdrawal per month exceeds the number stipulated by the bank, then the bank will not pay any interest. My question is (2) would it be permissible in the eye of Allah (swt) that I maintain that account while deliberately violating rules so that the bank does not pay any interest on that account? (3) What is actually the ruling on maintaining bank accounts? And (4) I have 2 apartments thru inheritance. I live on one and meet my monthly expenses by collecting rent from the other; would collecting rent be considered as halal income?
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.
We have already issued Fatwa 85749 clarifying that whoever is involved in Ribaa (interest & usury) while not knowing that it is forbidden, is excused, and whoever is obliged to pay the interest of a loan with Ribaa, is also excused as he has no other alternative but to do so. For more benefit, please refer to Fatwa 86521.
We also clarified in Fatwa 84007 that it is not permissible to open a saving account except for a dire necessity, and the interests thereof should be spent on the general benefits of Muslims. Therefore, it is better to take this interest from the saving account and spend them in the aforementioned fields rather than leaving them for the bank.
It should be noted that opening a saving account in a bank which deals with Ribaa without a necessity is forbidden even if the person intends to spend the interests thereof in charitable fields or with the intention of tricking the laws so that the bank will not pay him those interests. This is because confirming and signing a contract which involves Ribaa is forbidden in principle. Therefore, the questioner in involved in what is forbidden whether or not he uses trickery. In our view, he should not use trickery and should take the interests and spend them on the poor and destitute, but when his need is fulfilled, he should close this account.
As regards the ruling of earning one's bread from renting, then this is a permissible income provided the flat is rented for a permissible purpose as renting is among the permissible earnings according to the agreement of all the Muslims.
Allaah Knows best.
Search Fatwa
Fatwa Subject
