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Question:
Assalamualaykum muftisaab
Would like to enquire about fnb islamic banking
Is it permissible
Why do certain ulema say no?
Answer:
As salām ʿalaikum wa raḥmatullāhī wa barakātuhū
In the Name of Allāh, the Most Gracious, the Most Merciful.
At the outset, it is essential to understand the operational system of the Sharīʿah-compliant banking windows which are offered by banks.
Initially, banks operated solely as commercial banks. Due to the absence of Islamic banking alternatives, many Muslims found themselves engaging in interest-based transactions to meet their financial requirements.
In response to this challenge, contemporary Muftis and ʿUlamā closely studied and assessed areas within the banking system that did not align with the principles of Sharīʿah, and after careful examination, they successfully devised alternative approaches for a substantial amount of banking transactions. These concepts were then drawn out and handed over to the banks.
The responsibility for the second step lies with the bank, requiring them to precisely draft each contract and ensure that the Sharīʿah concept, as well as the terms and conditions, are accurately reflected in the contract.
The last step is the most crucial step entails the meticulous execution of the transaction. Any flaws in carrying out this step can render the transaction non-compliant with Sharīʿah, even if the concept and contract are Sharīʿah compliant.
There are instances where banks may falter in carrying out the second and third step. This has raised concerns among some Islamic scholars regarding whether we can deem every transaction conducted by banks as permissible or not.
Therefore, a general ruling cannot be given with regards to Islamic Banking. Rulings can only be made after studying the relative contracts and procedures in detail.
And Allāh Taʿālā knows best.