Business and riba.
Mu' meneen Brothers and Sisters,
As Salaam Aleikum wa Rahmatullahi wa Barakatuh.
(May Allah's Peace, Mercy and Blessings be upon all of you)
One of our brothers/sisters has asked
this question:
Dear Bro Burhan,
Assalamualikum
First of all my
sincere appreciation for answering my question last time and it really did
clear all my doubts alhamdulillah.
This time my
question is in reference to my Business transaction which is usually export
business from my country to other. When our customers usually send us money for
the goods they want sometimes the money we receive can be more or less than the
amount mentioned in the invoice. Now my question is if the dollar becomes
stronger than our currency than sure we get something more than the invoice so
is it Halal for us to keep this amount of money
or do we have to return this amount to our customer. When dollar becomes weaker
and we get less amount we never ask them to pay for the loss we incurred.
My second question
is in regards to a friend of mine who has taken loan from a Bank and since he
was in a very bad financial position for the past few year and was also out of
the country the insurance had settled the loan he owes the Bank now in this
situation does he still have to settle the amount he has taken from the Bank as
it was he who took the loan at the first place.
I hope you can
clarify this to me asap.
(There may be some grammatical and spelling
errors in the above statement. The forum does not change anything from
questions, comments and statements received from our readers for circulation in
confidentiality.)
Answer:
Business and riba
In the name of Allah,
We praise Him, seek His help and ask for His forgiveness. Whoever Allah
guides none can misguide, and whoever He allows to fall astray, none can guide
them aright. We bear witness that there is none worthy of worship but Allah
Alone, and we bear witness that Muhammad (saws) is His slave-servant and the
seal of His Messengers.
Your Question:
….When our customers usually send us money for the goods they want sometimes
the money we receive can be more or less than the amount mentioned in the
invoice. Now my question is if the
dollar becomes stronger….
This depends entirely on your
agreement with the buyer regarding who amongst the two of you will bear the
risk of the fluctuation in currency rates.
If the buyer wishes to take the
currency risk, then you should only take what is due to you in your local
currency. If between the date of the
invoice and the payment, the foreign currency rate fluctuate upwards, you would
owe him the excess you have received; and if the rate fluctuates downwards, the
buyer would owe you the difference.
But if the buyer does not wish
to hold the currency risk for any reason, the two parties can agree that you
will quote him a price in the foreign currency, and regardless of whether the
foreign currency fluctuates upwards or downwards, the profit/loss is yours to
bear.
Your Question: ….My
second question is in regards to a friend of mine who has taken loan from a
Bank and since he was in a very bad financial position for the past few year
and was also out of the country the insurance had settled the loan he owes the
Bank now in this situation does he still have to settle the amount he has taken
from the Bank as it was he who took the loan at the first place.
Respected brother, I’m not
entirely sure I understand the question and request please rephrase the
question to make it clearer.
What I am able to gather from the quoted statements is:
- Your friend takes a loan from the bank.
- He takes out an ‘insurance’ for the loan he
has taken from the bank (I’m not entirely sure if this is at all
possible!!!)
- He is unable to pay the loan he has taken back
to the bank….and thus the insurance settles the loan your friend has taken
to the bank on his behalf!
- Is your friend still liable to pay the loan
back to the bank for a second time after it has already been supposedly
settled by the insurance???
If you could kindly rephrase
your question, we would respond to it in light of the Guidance of the Quran and
the Sunnah, Insha Allah.
Whatever written of
Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever
of error is of me alone. Allah Alone
Knows Best and He is the Only Source of Strength.
Your brother and
well wisher in Islam,
Burhan