Working in Riba institutions : drafting Riba contract

Fatawa Question

[Question one] : Dear Sir, I am sorry Sir, I believe I have to gives all the relevant facts as a nature of my work. I have tried to summarize the facts and questions from the original version (which is much longer) and this is the result. Please sir, I seek your patience to spend some time to read and answer this long question. With your help and the information you give me, I pray to Allah to reward you and I sincerely hope that I will extend this ‘Amal Maaruf and Nahi Munkar’ work to the society here. May be there are also some goods to take my case as your study case or a discussion material. I am 37.I have been a lawyer for 10 years and a partner to a medium sized law firm in a small town. I now have a car, a house, got married, have children, save some moneys and assets and the rest speaks for itself. It was then, a good career.... ? [Question two] : Important matter Thank you so very much, sir. I was praying to Allah to reward you with the very best reward in this life and hereafter. Last question : I wish I have such clear answers 2 years ago. But I think it is blessing in disguise. As I believe I am now stronger to deal with this Riba issue. As if this answer reached me then, I do not if I were strong enough. Now I do accept your opinion and I want to follow it. I want to leave all Riba related works but there is one issue I need your help and opinion ? To be frank to you, my firm is about to split / dissolved unless we are able to reach a settlement. Of course, one major reason is disagreement of Riba works. My firm namely "Abu (not real name), Hisham and Rakan-Rakan (associates)". My name is Hisham and my partners' name is Abu (not real name), now the firm has been established for 10 years. The last two years is like 'cold war' between us. We have 2 branches of legal firms in KL and PJ, using our name ; they pay us a monthly payment of let say 1K every month to each of us. All of their work mixed Islamic and non-Islamic, but now they say they are more Islamic cases than non-Islamic cases. I have explained Riba to may partners, but they believe they can apply the concept of darurah in Malaysia (in a wider sense) due to dual economic system and the non-Muslim control of the economic. . Therefore it comes under Maslahah. There is one fatwa issued by one state in Malaysia allowing Muslim lawyers / legal firms to do Riba works on reasons of Maslahah but the portion of work must be of small percentage. I am not satisfied with this fatwa as many loopholes as to the reasons and justifications of this Fatwa. Therefore, my partners and lawyers don’t want to stop but insist in continuing Riba cases such Riba conveyance work and Riba litigation work. They have their reasons and 'Fatwas'. One of them they say it would not be easy to justify to the bank (who have Riba and Islamic product) that they would accept Islamic assignment of case and would reject the Riba cases… Etc. actually, I have told them may be the best thing is to dissolve the firm, this idea do frighten and shock all the partners. I admit I am also worried... If the firm is dissolved... logically there will be :- (1) Financial problems. (2) All the panel banks will look with suspicious and some may stop sending cases be it Islamic bank or conventional banks (3) Rumors will be spreading by those irresponsible firms and lawyers (4) A lots of new things have to be done to start again, and it’s not easy to get panel ship. (5) We will not allow Islamic or conventional banks... they have same attitude towards lawyers, therefore no panel no cases from them, even though it is our client, because it is their moneys So I was given new options as to save the firm :- (1) I have no role in the firm as long as I was paid let say a total of RM 4,000-00 (from all the legal offices) a month without having to do anything. I don’t have to any work for the firm. (2) The payment would be intended and consider to be paid from the income of Islamic cases by Islamic cheque via Islamic account. They say Islamic business is bigger than non-Islamic business. (3) One Thing I am sure is that they have more than enough Islamic income / money to pay me the amount of RM 4,000-00 Islamic money every month. The Islamic income is surely more than 4,000-00 (4) My name is no longer in the section of partners in the firm's letterhead. Since I only receive a fix and small income, I do not want a liability of a partner (5) I have made my stand clear that I would not help any Riba cases at all and I would try to help on Islamic cases (moral duty not obligation). (6) They know that I would like them to leave all Riba work, I hope may be one day they will, InSha Allah. (7) We are now working on these options / alternatives to save the firm. (8) I am only afraid that I would still be in the sin of Riba since I may be considered as still having a role or contribution be it small or indirect as the firm (9) I prefer this option as I want to further Islamic study and do a lot of other thing. Money is no longer my priority. I am now writing a book on Riba. I also want to do Da’wah works. (10) If the firm is dissolved, I would have to do a lots of things on works The question : (1) So Sir, What is your opinion on this arrangement ? Is the deal acceptable in the eyes of god ? The money I receive monthly, Is it Halal or Haram ? If not Halal, do you have any other suggestions--to save the firm and to save me from Riba ? I am now in dilemma and confused ? (2) Let say if I have a total asset and cash of 300,000, what should I do ? A mixture of Riba and Islamic money, 5-10 years ago, Islamic bank and product are not strong. Therefore Riba money may be more than Islamic money. My income for the past two years has not been so good... I am now hoping that I can settle all my debts and monthly liabilities. Of course I need this money. It would not be easy for me to give away all the money or most of it to the charity. I am planning to do Shari’ah cases on free basis (no actual payment from poor clients) (with intention and agreement that they pay me the legal fees from my money I gave to them as charity ... Or Sadaqah, until I am satisfied I reach the particular amount to illegalize my money..... Wassalam. Yours faithfully Hisham

Fatwa

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Publication Date

2009-01-19

Main Subjects

Financial and Accounting Sciences
Religion
Islamic Studies

Topics

• Banks
• Islamic jurisprudence
• Contracts
• Writing
• Usury
• Necessity(Law)

No. of Pages

10

Data Type

Fatawa

Language

English

Record ID

BIM-730559

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• MLA
• AMA