Economy is one of the areas observed by syari'at and arranged with the law is full of good and clean from kedhaliman.Therefore, God forbid usury which stores various negative impacts to humans and damaging to the economy of the nation.
History and facts became apparent that the witness is not an economy built on Islamic law, then shall the end is sorrow and loss. If you want a simple proof, then look at the conventional banks that are around us, how he was so magnificent building, but no visible blessing from him. It's true word of God:
يمحق الله الربا ويربي الصدقات
Allah destroy Riba and nourish charity. (Surat al-Baqoroh: 276)
Well, here is important for us to know the problems of conventional Bank and the extent of compliance with Islamic law because in this day and age, the Bank for human life is almost impossible to avoid.
Definition BANK AND HISTORY
Bank is taken from the language of Italy , which means the table . It is said that the naming was due to workers in ancient times make buying and selling currencies in a public place by sitting on the table. Then the model continues to evolve so that turned into a bank that is now being encountered.
Bank is defined as a place to securely store human treasure and return to its owner when it is needed. Main point is to receive the savings and loans.
The first bank was established in Bunduqiyyah , one of the city in the State of Italy in the year 1157 AD Then continues to experience rapid growth until the development of all is in the 16th century, where in 1587 the Italian State stood at a bank called Banco Della Pizza Dirialto and stands well on the bank in 1609 Amsterdam Netherlands, then stand the other banks in Europe . Approximately tahun1898, the Bank entered into Arab countries, in Egypt stood Bank Expert Mishri with capital of five hundred thousand Junaih [1] .
JOB BANK
One can not punish anything but after learning the picture and the subject matter. From here, it is important for us to know the nature of the Bank so that we can weigh the shari'ah glasses.
Bank jobs there are and there should be rejected, it can be globally described as follows:
A. Bank Jobs Available
A. Transfer money from one place to another by shipping costs.
2. Issuing ATM cards to facilitate the owner on the go without having to burden yourself with the money in your purse or wallet.
3. Renting a safe for people who want to put money on it.
4. Facilitate relations with other countries, where the Bank helped the traders in freight receipts represent receipts and payments to the seller handed over the goods.
Jobs over the payment of legal fees is allowed in view of the Shari'ah.
B. Not allowed The Bank jobs
A. Receive savings in exchange rates, and saving money will be used by the Bank to provide loans to people with interest many times over from the interest given to depositors.
2. Lending money to the traders and other than within a particular time provided that the borrower must pay more than its debt with peresentase.
3. Creating a power of attorney for traders to borrow to the Bank when they require the amount of money agreed upon by both parties. But the interest here is not counted until after receiving the loan . [2]
RIBA IS INTEREST BANK
With the above description, it is obvious to us that most of the Bank's work built on usury which is haraam according to the Quran, Hadith and consensus of Islamic scholars.
1. Dalil Al-Quran
وأحل الله البيع وحرم الربا
God has trade and forbidden usury. (Surat al-Baqoroh: 275)It is enough for a Muslim to read the end of Al-Baqoroh paragraphs 275-281, it will chill the enormity of the threat of God's will to the perpetrators of usury. Read and meditate!
2. Argument of the hadith
آكِلَ الرِّبَا وَمُوكِلَهُ وَكَاتِبَهُ وَشَاهِدَيْهِ وَقَالَ هُمْ سَوَاءٌ.
Jabir said: Messenger of Allah cursed the one who devour usury, his deputy, secretary and witnesses. (Narrated by Muslim, 4177)
3. Argument of Ijma '
· The scholars throughout the ages have agreed on the unlawfulness of usury, enabling anyone, he disbelieved [3] . In fact, the laptop is also banned in the pre-Islamic religions. Imam al-Mawardi said: "God never allow adultery and usury in syari'at anywhere". [4]
· If there is a saying: We agree with you that the usury law is haram, but if the interest of the Bank including usury?! We said: O my brother, do not be fooled by the name change. By Allah, if the Bank rate was not called by usury, then there is no usury in this world,because usury is any additional property required for the subject, this is the state flower was a conventional bank .
We do not want to prolong this issue. Suffice as an afterthought for us that has held a variety of seminars and discussions on the matter, its quasi-unanimity asserted that conventional bank interest is riba that is forbidden of God [5] . Even in the first conference on Islamic economy that was held in Mecca and attended by three hundred participants composed of Shari'ah scholars and international economic experts, none of them menyelisihi Bank of illegitimate interest.
As a benefit, we will mention some of the fatwa and the conference which concluded illegitimate Bank interest:
· Decision of the second conference Majma 'Buhuts in Cairo in the Islamic month of Muharram in 1385 H / M in May 1965 and was attended by participants from thirty countries.
· Decision of the second conference Majma 'Fiqh al-Islami in Jeddah on 10-16 Rabi' Thani 1406 December 1985 H/22-28 M.
· Decision Majma 'Alam Islami Robithoh held in Mecca on Saturday 12 Rojab H 1406 until 1406 Saturday 19 Rojab H.
· Decision of the second conference on Islamic economics in Kuwait in 1403 H/1983 M.
S After quoting ijma 'ulama of the illegitimate issue of bank interest, DR. Ali bin Ahmad al-Salussays:
"Thus, the problem of illegal interest rate is a clear problem and not a vague thing, so there is no more space untukperselisihan and personal fatwas" . [7]
After this consensus , then let us not be fooled by the many doubtful (bias) partially kalanga n [8] which seeks to allow usury Bank, especially the clergy had risen to dissect the doubtful, doubtful . [9]
WORK IN THE BANK
If we know that the Bank is where usury is forbidden in Islam, then worked at Bank law is haram, because it means helping them in uncleanness and sin, or the minimum mean he is pleased with what he saw misguidance. He said:
وَتَعَاوَنُواْ عَلَى الْبرِّ وَالتَّقْوَى وَلاَ تَعَاوَنُواْ عَلَى الإِثْمِ وَالْعُدْوَانِ وَاتَّقُواْ اللّهَ إِنَّ اللّهَ شَدِيدُ الْعِقَابِ
And Help one you in the (work) charity and piety, and do not help one another in sin and rancor. And fear Allah, verily, Allah is severe in punishment.
(QS Al-Maidah: 2)
This verse is the general rule regarding the prohibition of mutual help in the sin and disobedience. Therefore, the jurist argues the paragraph above about buying and selling illicit weapons at the time of libel, buying and selling candles for the holiday Nashoro and so on, because it includes all of the above please help baatil.
More explicitly, consider with me the following hadith:
آكِلَ الرِّبَا وَمُوكِلَهُ وَكَاتِبَهُ وَشَاهِدَيْهِ وَقَالَ هُمْ سَوَاءٌ.
Jabir said: Messenger of Allah cursed the one who devour usury, his deputy, secretary and witnesses. (Narrated by Muslim, 4177)
Imam Nawawi said: "This hadith clearly shows the illicit nature of a secretary to usury and witnesses. This hadith also indicates illegitimate helped evil " . [10]
The scholars we now have insisted on not possible, an officer of the Bank, even if only as security guards. His duty is to avoid the curse of Allah and seek legitimate employment, Allah is vast rizkiNya . [11]
Can SAVE MONEY IN THE BANK?
At home to save money in the bank should not be legal because it includes help smooth the economic usury laws are clearly haram , because the money will be used by the Bank to lend to others with usury. Therefore, it was originally a Muslim must break relations with the Bank and thalak three. Only, today sometimes one can not avoid yourself from the Bank, so that the scholars allow it if the circumstances dharurat once and there is no other way to save his property.
From here, we can say that people who save money in the bank is not out of the two keadaa n:
First : People who want to lend and develop his property by way of usury. No doubt that this man has fallen in the prohibition of war and threatened by Allah and His Apostle. So, who won in the face of God and His Apostle?!
فأذنوا بحرب من الله ورسوله
Then know that Allah and His Messenger will fight you. (Surat al-Baqoroh: 279)
Second : People who want to keep their property safe. It is divided into a number of circumstances:
A. When there are other places that are clean or Islamic banks from usury for storage in secure, can not he keep at conventional banks because there is no urgent need and there are others that can substitute.
2. If there is no Islamic bank is a net of usury or other safe place when she was very worried when the property was stolen or the other, then the law is allowed because dharurat. This varies according to the human condition. That is, not everyone is desperate to save money in the bank. Then it should be a pious and God-fearing, he should not underestimate the dharurat when there was no reason at all, as many dharurat done by most of the Muslims .[12]
USING BANK INTEREST
If we say that may save money in the bank in dharurat conditions, then of course the question arises: What do we do with the interest ( read: riba ) is given by the Bank to our savings!
We say: There are several possibilities of what we do about it:
1. Pick it up and use it as the principal.
2. Allow for the Bank to be used at will Bank.
3. Pick it up and then destroying it.
4. Take it he gave it to the poor or to the general requirements for the benefit of the Muslims
5. Pick it up and give it to someone who dizhalimi by the Bank with usury.
Opinion the most nearly correct, in our opinion, is the opinion of the four that took it and gave it to the poor or public purposes is not the intention of charity but to liberate themselves from the illegitimate money. This opinion is elected by the clergy as Lajnah Daimah [13] , al-Albani [14] , Musthofa az-Zarqo and others [15] .
SOLUTION AND APPEAL
· After a brief description of the above then it should be for Muslims, especially to the leaders[16] to deny the common practice of usury which flourished in the Bank and seeking to establish Islamic banks are net of usury and in accordance with sharia law noble Islam, or Islamic banks to improve existing ones because it still has not been pointed out by many in the net from the practice of usury and inadequate services in all parts of the city.
· It's a cruel cruel remarks Bank except that no interest and no strength except with the Bank of Islamic economics [17] . This is the real lie, because the history of Islam for centuries, their economy is stable without Riba Bank.
· Once again, we appeal to the scholars, leaders, economists, traders were great to get together and discuss this issue with the hope that Islamic Banks are clean of dirt usury would have sprung up in our beloved country so that we no longer need to the banks of usury. And an obligation for every Muslim to work together to support the idea that they were safe from the bondage of usury that caused the wrath of God.
compiled by:
LIST OF REFERENCE
1 Al-Muamalat Maliyah Al-Al-Al-Islami Muashiroh elephant Fiqih Karya DR. Muhammad Utsman Syubair, CET Dar Nafais, Yordania, tahun 1427 CET Keen H.
2 Al-Al-Muamalat Muashiroh Maliyah Al- Muhammad Al-Kibbi Saaduddin Karya, CET Maktab Islami, Bairut, H. 1423 CET pertama
3 Al-Ar-Riba elephant Muamalat Mashrofiyyah Al-Muashiroh Karya DR. Abdullah bin Muhammad As-Saidi, CET Dar Thoibah, KSA, 1421 CET kedua.
4. Qodhoya Fiqhiyyah Mu'ashiroh work Muhammad Burhanuddin, cet Darul Qolam, Beirut, the first cet 1408 H.
Five. Fawaidul Bunuk Interest Hiya Al-Harrom karya DR. Yusuf al-Qorodhawi, CET Muassasah Ar-'Risalah, Bairut, H. 1423 CET kedua tahun
6. And others.
[1] Al-Mashorif of Buyutu Tamwil Islamiyyah karya Ghorib al-Jamaal hlm. 23, Al-Muamalat al-Maliyah Al-Mu'ashiroh karya DR. Muhammad Utsman Syubair hlm. 252-253, Ar-Interest wal Mashrofiyyah Mu'amalat Al- Umar Al-Mutrik karya hlm. 309.
[2] Al-Al-Islamiyyah Bunuk Between Tathbiq Nadhoriyyah of hlm. 37-39 karya DR. Ahmad bin Abdullah ath-Thoyyar, Al-Al-Maaliyah Mu'amalat Al-Mu'ashiroh hlm. 253-254 karya Sa'aduddin Muhammad Al-Kibbi, Al-Jami 'fi Fiqh Nawazil 1/92 karya Shalih Shubbar al-Humaid bin .
[5] DR Syaikh Lihat kitab. Yusuf Al-Qorodhowi yang berjudul "Fawaidul Bunuk Hiya Al-Harom Interest" (foolish person Adalah Bank Interest Yang Haram), CET 1421 kedua H, Ar-'Risalah Muassasah, Bairut.
[6] See the texts of these decisions in FAWAID Bunuk Hiya Riba Muharrom p. 106-122 works of Yusuf Al-Qorodhowi and Nawazil Fiqh by al-Jizani 3/136-145.
[7] Al-Muamalat Syariah Dhoui Islamiyah fi al-Maliyah Al-Muashiroh hlm. 36, dinukil juga Shalih bin Muhammad al-Utsaimin dalam oleh Syaikh risalah Ar-Riba hlm31-32.
[8] See the book of Al-Ashroniyyun p. 259-261 by Muhammad an-Nasir Hamid and Al-Manhaj Tasir Mu'ashir p. 152-161 by Ibrahim bin Abdullah ath-Thowil.
[9] See, doubtful doubtful rebuttal of this problem in the Ar-Riba Al-fil mu'amalat Mashrofiyyah Al-Mu'ashiroh works of DR. Abdullah bin Muhammad as-Saidi and Taudhiful Amwal Bainal Masyru 'wal Mamnu' by DR. Muhammad bin Abdullah ath-Thoyyar p. 64-75.
[10] Sharh Muslim Shohih 11/26.
[11] Lihat Fatawa lama Baladil Haram hlm. Kumpulan 1187-1193 DR. Khalid al-Juraisi, Fatawa Al-Ahum wal Bunuk hlm. 53 kumpulan Abdurrahman asy-Syitri, Daimah Lajnah Fatawa 13/344 kumpulan Ahmad ad-Duwaisy.
[12] See Ar-Riba Al-fil mu'amalat Mashrofiyyah Al-Mu'ashiroh 2/923-959 by DR. Abdullah bin Muhammad as-Sa'idi, Al-al-Maliyah mu'amalat Al-Mu'ashiroh p. 267 by Muhammad al-Kibbi Sa'aduddin, Qodhoya Fiqhiyyah Muashiroh p. 16-18 by Muhammad Burhanuddin, mu'amalat Bunuk Al-Haditsah p. 49 by DR. Ali Al-Salus, Fatawa Lajnah Daimah 13/346-351.
[13] Lajnah Daimah is the board of the fatwa in Saudi Arabia, led by Sheikh Abdul Aziz bin Baz, a member of: Abdullah al-Ghudayyan, Salih al-Fawzan, Shaikh Abdul Aziz Alu, Bakr Abu Zaid. (See Fatawa Lajnah Daimah 13/354).
[14] Shaykh Muhammad al-Albanian Nashiruddin once wrote a letter to Sheikh Abdul Aziz bin Baz notebook containing discussion about money deposited in banks. He has concluded that money-the money will be to use the benefits as well eat, drink and clothing.And used in such cases will be finished as gasoline, wood baker, WC and improve general road and the printing of Shaykh Ibn Baz book ... finally write the answers that contain that he agreed with his opinion. (Al-Imam Al-Albanian Durusun wa 'ibar p . 258 works of Sheikh DR. Abdul Aziz bin Muhammad Al-Sadhan).
[15] Lihat Qodhoya Fiqhiyyah Mu'ashiroh hlm. 26-27 oleh Muhammad Burhanuddin, Al-Muamalat al-Maliyah Al-Mua'shiroh hlm. 276-286 karya Sa'aduddin Muhammad al-Kibbi).
[16] How wonderful sayings of Imam Al-Mawardi: "As for the evil Muamalat such as adultery and illicit transactions that are prohibited even shariah mutual agreement of both parties, if it had been agreed keharamannya, the obligation for leaders to disavow and forbid and rebuked the punishment appropriate to the circumstances and the offense ". ( Al-As-Sulthoniyyah Ahkam p. 406).
[17] This is the word economic adviser, Ibrahim bin Abdillah an-Nasir in his book the Islamic Shariah Mauqif Minal Mashorif p. A. This book has been strongly denied by Majma 'Islamic Fiqh Conference in Mecca on Saturday shofar H 1408, and denied by Sheikh Abdul Aziz bin Baz in the magazine Robithoh month of Shawwal 1407 H and Shaykh Muhammad al-Ghufaili Rosyid in the book Nutaful Ma'arif fir Roddi 'ala Man Ajaza Riba Al-Mashorif , Darul Wathon cet.
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