Question:
Assalamu Alaikum dear Sheikh, may Allah
سبحانه وتعالى honor you with Islam, and may He سبحانه وتعالى honor Islam
with you. I pray to Allah سبحانه وتعالى to be one of those who grant
you Baya'a for the Khilafah upon the method of Prophethood, for He
سبحانه وتعالى is capable for everything... I have a question about the
matter of borrowing from foreign countries and international financial
institutions, where it is mentioned in the book The Funds in the
Khilafah State that it is prohibited by the Shariah because borrowing
from them cannot happen except via usurious interest and conditions...
The question is: When can the borrowing be permitted, and what are the
conditions which makes it prohibited? Is there a difference if these
countries are in treaty or in warship??? May Allah سبحانه وتعالى aid you
in what there is good for Islam and the Muslims in the life and
Afterlife. Assalamu alaikum wa Rahmatuh Allahi wa Barakatuh.
From Ahmad Sa Saad
Answer:
Wa Alaikum Assalam wa Rahmatuh Allahi wa Baraktuh
It seems that you are confused about what was mentioned in the book, The Funds in the Khilafah State. "As
for borrowing from foreign countries or international financial
institutions, it is not allowed by Shar'a because such loans would not
be except with bank interest or with imposed conditions." As if you
assumed that the statement alludes that there can be conditions to make
it permitted to borrow from foreign countries and international
financial institutions, so you asked about these conditions. However,
this is not the case, but it rather means that borrowing from foreign
countries and international financial institutions is not allowed for
two reasons: "it has usurious interest and it involves conditions", and
if the borrowing will take this form, then it is not allowed. The book
clarifies this matter in the rest of the paragraph, as it is mentioned:
"Bank interest is prohibited by Shar'a,
whether from individuals or countries, as the imposition of conditions
gives the lending countries and institutions control over Muslims and
makes the will of Muslims and their disposition subject to the will of
the lending countries and institutions, a matter which is prohibited by
Shar'a. The international loans were among the most dangerous
afflictions and among the causes for imposing the authority of the
Kuffar upon the Islamic lands; and how often has the Ummah suffered from
the calamities of these loans? Therefore, the Khalifah is not allowed
to resort to international loans to cover the expenditure on these
areas."
Upon that, borrowing from foreign
countries according to what was explained above is not allowed. As for
the rest of the questions with regards to the foreign country being in a
state of treaty or warship, the case is then the following:
According to the current procedures for
international loans, loaning is not without Shariah violations:
"usurious interest and conditions against the Shariah". Accordingly, it
is not allowed to borrow from foreign countries, whether these countries
are in warship or treaty according to the current international
contracts.
Your brother
Ata Bin Khalil Abu Al-Rashtah
05 Safar, 1436 AH
27/11/2014 CE
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