
Whether the conventional shop-owner association agrees with the Shariah 2876588787
Monthly Al Kawthar•business trade•
Question
In our area, traders form a kind of association. There are two parties in the association. One. Owner party. Two. Member party. The owner's agreement with the members is as follows: The term of the association is one year (365 days). The owner will withdraw the daily fixed amount of money (1000/2000/5000) from the member's shop. In this way one year (365 days) will raise money. At the end of the year, the owner will return 360 days 'money to the member, and the remaining 5 days' money will be left by the owner for the daily withdrawal fee. Note that the owner himself goes to the store to withdraw this money or hires an employee on salary to withdraw the money. As long as the money is in the hands of the owner, the owner can use the money independently for any purpose. Some of those who are members have the intention to withdraw this money at the end of the year after depositing money for one year. Again, if someone has the intention, he will apply to withdraw the money that he will deposit in 360 days (for example, if you deposit 1000 rupees daily, three lakh sixty thousand rupees) in the middle of the year. The owner will have the right to accept or reject his application. Even if you accept the application, sometimes you pay for the whole year or pay less than that. (However, it is always more than the current deposit.) And someone becomes a member of the association by making such an agreement. In that case the owner pays the member 360 days in the middle of the year due to the agreement with the member. In the above case the owner does not accept any additional money from the member for more than five days. I want to know from Mr. Mufti, is this transaction valid in the eyes of Shariat? If it is not valid, what changes should be made in order to do it according to the law? 4268732295
Answer
- حامداومصلياومسلما، بسم الله الرحمن الرحيم -
The three methods of withdrawing money from the members of the committee in question have been mentioned-
- Withdraw the full amount at the end of the year.
- Apply for withdrawal of the amount of money that will be deposited in the whole year.
- To participate in the association on the condition of withdrawing money for the whole year in the middle of the year.In the first method, since the members withdraw their savings, there is no problem.In the second method, since the owner has the full right to approve or reject the application of the members (as mentioned in the questionnaire), it will be permissible for the owner to approve the application of the members and pay the said money. In this case, the application for depositing money in the association and receiving advance money from the owner should be made separately. One cannot be conditioned with the other. And it will be better to do whatever is given in addition to the money deposited by the association.In the third method, since the participation in the association is conditional on obtaining a loan from the owner, this method is not valid. Because what the members deposit in the association is considered as a loan in the eyes of Shariah. And it is not permissible to give a loan to someone on the condition of getting a loan from him in the future. So this method should be omitted.And in the question, it has been said by the organizers of the association that it will not be permissible to keep the money for 5 days. This is because the organizers have to spend the money on their own work, so in the eyes of the Shari'ah, it is included in the rule of faith, which is in the ruling on debt. And there is no provision in the Shari'ah to take service charge from someone while taking a loan.
6773211854
- والله اعلم باالصواب -
* This Fatwa was translated by Google Translate.
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Source
- আলজামে লিআহকামিল কুরআন, কুরতুবী, Part: 2, Page: 225
- খুলাসাতুল ফাতাওয়া, Part: 3, Page: 53
- বাদায়েউস সানায়ে, Part: 6, Page: 518
- আলমুগনী, ইবনে কুদামা, Part: 6, Page: 437
- মুসনাদে আহমাদ, Hadith No.: 3,783
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