Category Archives: Fatwa

Mudharaba of Shari’a Bank: Sharing Usury that is masked with the label “Shari’a”

Scholarship from Bank

Sharing Usury that is masked with the label “Shari’a”

Inside the practice of mudharaba product in shari’a bank, there is a controversial stipulation, that is: the mudharib (fund manager) is required to give full warranty over the fund lent by bank from any kind of loss. The product is considered as a new invention in mudharaba that is never been seen before. It is called mudharabah musytarakah.

mudharabah musytarakah is a combination of two words, mudharabah and musytarakah.

The meaning of mudharaba is transaction of investment between the funder (money/asset owner/shahibul mal) and the fund manager (mudharib) to start a certain business with profit-sharing system based on percentage agreed by both parties, whereas the loss of capital will only be borne by the funder.

Musytarakah means: union, combination or group. Thus essentially, Mudharabah musytarakah is a common mudharaba modified into a product of shari’a bank to replace  saving/deposit with interest of conventional bank.
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What is the ruling of kissing one’s hand and bowing to other?

Kissing one’s hand and bowing to other?

Question:

Ustadz, is it true that kissing one’s hand and bowing out to him are not from Islamic teaching, but from the feudal teaching? Please explain it to us.

May Allah reward you greatly.

Answer:
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Ruling of Triangle-Shaped Credit

Housing Credit

Triangle-Shaped Credit

Question:

Assalamu’alaikum.

Ustadz, there is a friend of mine who is offered to work in an optic shop. Aside from providing cash payment service, the store also give credit facility through certain bank by paying the down payment to the store first. Is this kind of transaction allowed? May he work in that store?

May Allah reward you with goodness.

From: Jumardi

Answer:
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Ruling of Working in Court

Working in Court

Ruling of Working in Court

There are two types of court, shari’a court (religious court) and general court that use positive laws.

This second type could further be divided into two; court that use laws that differ from Allah’s law in various criminal cases, and court for deciding cases regarding administrative cases (for example, constitutional court, -ed).

Ruling of Working in Court needs to be detailed, depends on the type of the court

If the court adopt shari’a law (in the matter of inheritance, etc) or general court that doesn’t use laws that against the shari’a law, it is allowed to work in it; whether as a common employee, a judge, or an attorney.

In contrast, if the court is a general court that tends to use laws that are different from shari’a laws in cases of murder or other kind of criminal act, it is not allowed to work there, even just as an administration staff. It is considered as helping one another in committing sin and hostility, something forbidden in this religion, as revealed in the second verse of chapter Al Maida/The Table Spread.

If a person continues to work at that court as a judge, then he’ll be included as a person who use human-made laws that inappropriate with Allah’s law, and this is considered as a major sin; even worse, it may drag him to infidelity, expelling him from his religion.
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Fiqh Muamalah: Purchasing by credit, Selling by cash

Purchasing by credit and cash

Ruling of Purchasing by credit, Selling by cash

Question:

Assalamu’alaikum.

Ustadz, I’d like to ask about the ruling of purchasing house or land, and what is the ruling if we bought a house and paid half of its price (the rest is still unpaid and without taking bank loan), then we resell it with a higher price than its initial price, and we gain some profits from the selling of that not-yet-paid-off house.. Is it considered as usury? Thank you very much. Wassalam.

From: M Ali Sadikin

Answer:
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