Orphans' Family with Financial Problems Want to Put Money in Riba Account
Fatwa No: 81521

  • Fatwa Date:3-10-1999 - Jumaadaa Al-Aakhir 23, 1420
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Question

Asalam Alikum. Thanks God for finding a precious and helpful guide for Islamic people, I am confused and I do not know what to do concerning my problem. I am an orphan since I was three years old, my father has been kidnapped in the Lebanese war in 1982 and we have never heard from him since and we think he is dead, he left a family of three members two very young by that time and a wife in addition a small store and the house we live in. The wife "my mother" decided to stay and raise us on the principles of Islam, and she refused to get marry again, by that time our grandfather has decicded to pay money for the daily life expenses, he was also paying for our tuition fees until he died three years ago and he told his children "a will but not a written will" to give us a cut of his belongings, but unfortunately they did not agree because the Shariaa in Lebanon does not believe that the grandchildren can not inherrit from the grandfather and they did not even care to help us financialy. My mother is working now trying to afford the expenses in addition we rent out our store but unfortunately the money was not enough espically I am know in university and the tuition cost high , we paid some of its fees by ihsaan and some by debt , and my brother will also go to the university so our fees will also rise ,so had no choice except to sell our store and to pay our debts, and the rest of our money is the problem , we are confused what to do with it if we just spend it on our expenses it will surely end and there will be no other resources knowing that the life expenses is increasing every year so the money will sure end , and if we invest the money we do not have the time to take care of our investment , knowing that invensment will take time almost a year to give you the fund knowing that we can not wait for we must pay our expenses monthly , and my mother is forcing on us to put them in a ribawi bank so we can use their funds , and she can not afford to work any additional job because she is already working two jobs and she can not suffer anymore in an additional one, she does not have the health or time , so I ask can i consider the monthly intersets or fund as loan in front of god and I promise I can pay for these funds later when i find a job like a monthly fees for poor people and i have on more question do we have to pay on them zakat or not and how much will it be.

Answer

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

Dear brother, we ask Almighty Allah to bless you and your brother, and to grant a good reward for your mother. Really, she made every effort to bring you up on Islamic teachings, and she was very patient with you and preferred your advantage to her own desires, as she sacrificed herself and did not marry as the common women do, only to bring you up. The best glad tiding are for her. Abu Daawood reported in his Sunnan: ‘Awf Ibn Maalik Al-Ashja’  may  Allaah  be  pleased  with  him narrated that the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) said: “I and a woman whose cheeks have become black, shall on the day of resurrection be like these two (pointing to the middle and forefinger); i.e. a woman of rank and beauty who has been bereft of her husband, and devotes herself to her fatherless children till they go their separate ways or die.

Moreover, Al-Bukhaari reported in his Saheeh that the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) said: “I and the sponsor of an orphan shall on the day of resurrection be like these two (pointing to the middle and forefinger)”.

My dear brother! You and your mother should know that taking interest on deposited money in banks is pure Riba (interest and/or usury). Allah Says (what means): {O you who have believed, fear Allah and give up what remains [due to you] of interest, if you should be believers.} [Quran 2:278]

Besides, depositing money in usurious banks is also prohibited because it is a cooperation with them in sin. Allah Says (what means): {Help you one another in virtue, righteousness and piety but do not help one another in sin and transgression. And fear Allah. Verily, Allah is Severe in punishment.} [Quran 5:2].

Please do not deal with usury, this is a very big sin. It is a war against Allah and His Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) as mentioned in the Quran. You are saying that you will deposit your money and take interest in order to preserve the money.

This is a mistake because dealing with usury will destroy the money and its blessing. Allah Says (what means): {Allah destroys interest and gives increase for charities. And Allah does not like every sinning disbeliever.} [Quran 2:276]

You should follow the way of piety and Allah will relieve you from all problems. Allah Says (what means): {… And whosoever fears Allah and keeps his duty to Him, He will make a way for him to get out (from every difficulty). And He will provide him from (sources) he never could imagine.} [Quran 65:2-3]

You must invest your money in lawful fields and be trustful in Almighty Allah; surely He will bless you and facilitate you all your matters. May Allah grant you a good life. As long as your grandfather determined by a will that his sons (your uncles) should give you, then it is obligatory on them to fulfill his will and they should give you a part from one third of his inheritance. If he had not made a will, they should take care of you and do good to you. But according to the Islamic law, grandsons are not eligible for inheritacne in the presence of sons.

As regards Zakaah, if his wealth has reached Nissab (Minimum amount of property liable to payment of Zakaah), and one Islamic year has passed, then you should pay 2.5% of his wealth as Zakaah.

We ask Allah to bless you and us.

Allah knows best.

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