Are we allowed to give sadaqahfrom the interestthat we earnon the moneyin our bank accounts?

The question itself contains several eITOrsthat need to be closely examined.

1. Muslims are servantsof Allah (swt), who worship Him (swt) andabideby His (swt) commandsand
prohibitionswherever
they are,whetherin Dar ai-islam (the Islamic Stateor the Khilafah), or in Dar aI-Kufr (any land in
which Islam is not
implementedcomprehensively.At present,ail countriesfall underthis category).A Muslim must
adhereto the Shari'ah in his
relationshipwith his Creator,himself andwith otherpeople,be they Muslims or non-Muslims.
Therefore,he shouldbe aware
of Allah's (swt) ruling, regardingthingsand actions,andhe shouldadhereto the rule beforecommitting
any action becausehe
will be held responsibleon the Day of Judgementfor his actionsand sayings.Allah (swt) says,

"Therefore,by your Lord, we will ofa surety,call themto accountfor all their deeds."[1MQ 15: 92-
93]

2. Dealing in riba is forbidden,whetherthis is in Dar aI-Islamor in Dar aI-Kufr, and whetherthe

dealingis betweentwo
Muslims, or a Muslim and a non-Muslim.

3. Islam hasallowed Muslims to live in Oar al-Kufr amongnon-Muslimsaslong asthey do not neglect
their individual duties,
and as long asthey do not get persecutedbecauseof their deen.However,it would be mandubfor them
to live in the Islamic
Statewhen it is established.Emigrationto Oar ai-Islamwould be compulsoryfor thosewho are ordered
. by the Khaleefah.and
on anyonewho is persecutedbecauseof his deen.Evidencefor this is derivedfrom the hadith of
~ulayman ibn Buraydahwho
narratedthat the Messengerof Allah (saw)said,"Invite them to move from their land to Oar al-
Muhajireen(the land of the
emigrants)and inform them that if they do emigratethey will enjoy the samerights as the Muhajireen
and they will havethe
samedutiesasthe Muhajireen."

This hadith indicatesthat it is pem1issiblefor themto remainin Dar al-Kufr, but mandubfor them to
emigrate,becausethey will
enjoy the samerights andhavethe samedutiesasthoseof the Muslims who arecitizensof the Islamic
State.

If they do not emigrate,they Will remainMuslims for Allah's Messenger(Saw)went on to say, "If they
refuseto moverom
their homes,inform themthat they will be consideredasa'rab (desertArab) Muslims, who must
perform all dutiesperformed
by Muslims, but they will haveno sharein the war booty whatsoever,unlessthey performedjihad with
other Muslims."

Allah (swt) revealedthe following v~e concerningthe Muslims who did not emigratewith the

Messengerof Allah (saw) and did not live in the Islamic Statein Madinah,but remainedinsteadin
Makkah,

"But if they seekhelp from you in the matterof the deenthen it is your duty to help." [TMQ 8:72]

~
This meansthat they can call for help andhavethe right of protectionif they live outsidethe Islamic
State.However,they are
not entitled to the rights of guardianship,which is only for the citizensof the Islamic State,and proof
for this comesfrom the
fact that they do not qualify for the statebenefitssuchaswar booty, spoilsand others.

4. Islam allows the Muslims to tradeand dealwith individual non-Muslims,to hire them andto work
for them,provided that
this work, professionor responsibilitiesdo not violate the commandsof Allah (swt). A Muslim is
allowed to work in the shops
andmarketsof non-Muslims,providedhe doesnot sell or handlealcohoLandhe doesnot collect. pay,
recordor witnessriba
becausethe Messengerof Allah (saw)said,"Allah hascursedhe who takesn'ba,he who gives it. he
who writes it andhe who
witnessesit. "

Regardingdealingsandtransactionswhich involvesthe Muslim who depositshis moneyas a tlUst with

a Muslim or with the
non-Muslim, it hasbeenconfirmedby Ijma' of the Sahabahthat the Messengerof Allah (saw)
depositedhis shieldas a security
with a Jew.He (saw)died andhis (saw) shieldwas still deposited,andthe Muslims then settledthe debt
that was on the
Messengerof Allah's (saw)neck andrecoveredthe shield.This waswhat most of the Sahabahusedto
do, and narrations
aboutthis are numerous.

The disbelievershavefinancial institutionscalledbanks,andthesearenot Islamic. Islam hasnever

known suchinstitutionsand
they do not fonD part of the Islamic economicsystem.Thesebankskeepthe moniesof individuals and
companiesand deal in
interestloans,securedcredit andmortgages.The distinguishedMuslim scholars,whosereputations
havenot beentaintedby
working for the non-Islamicregimesruling over Muslim land, and otherpartsof the world, nor the
organisationswhich serve
theseregimessuchasthe Muslim World League,al-Azhar,at-Najar,al-Zaytouna,Dar al-Ifta and
others,haveagreedon the
permissibility of Muslims depositingmoneyin banks,providedthey do not take interestand they do not
get involved with it in
any way. If a Muslim depositsmoneyin the bank of his own free will, the matteris mubah,however,he
is forbiddenfrom
making interesta condition,to cashin interestor to take a loan basedon interest.

Bankshavebegunin the pastfew yearsto offer intereston currentaccounts.So what is the Islamic
verdict on the moneyfrom
interestwhich a Muslim finds in his currentaccount?Is he allowedto dealwith it?

Doeshe havethe right to disposeof it? And how doesIslam define the right of disposal?The answerto
this is as follows. The
moneywhich a Muslim fmds in his bank accountthat exceedshis capitalis noa, whetherit is called
profit. revenues,gainsor
anythingelse.It is riba andriba is haran1in !slant.

The explicit evidencesstatingthis prohibition are abundantand aredefinite textswith definite meaning
from the Qur'an. the
Sunnahand the Ijma' of the Sahabah.Theseexplicit evidencesare clear and concentrated,andthereis
no needto list all of
them.They also leaveno room for ijtihad or interpretation.It is sufficient to mentionthat Allah (swt)
says,
"0 you who believe! FearAllah, and give up what remainsof your demandfor interestif you are indeed
believers.If you do
not, takenotice of war from Allah andHis Messenger.But if you turn back,you shall haveyour capital
sums.Deal not unjustly
and you shall not be dealtwith unjustly." [TMQ 2:278-279]

Allah (swt) also says,

"Thosewho devourinterestwill not standexceptasstandsonewhom the Evil oneby his touch has
driven to madness."[TMQ
2:275]

Furthermore,die prohibition of noa is somethingthat is necessarilyknown to be part of die deen.So

ijtihad on die matteris
unlawful. The amountof moneythat exceedsone's capital in die bank,is moneythat doesnot belongto
him, diereforehe does
not havedie right of disposalover diat money.

According to the scholars,the right of disposalis definedas:to benefit from ownedmoney.The right of
disposalover one's
own moneyincludesinvestingthe moneyand disposalof it eitherby benefitingoneselfor others,or by
consumingor destroying
suchmoney,or any other actions,all of which mustbe donein accordancewith the Shari'ahevidences.
Oneof the conditions
of ownershipin Islam is to havethe right of disposalof one's own assetsor properties.

Therefore,it is unlawful for a Muslim to dealor disposeof anythingthat is not his, unlesshe hasthe
pelmissionof the owner.
For example,a softwarepackagebecomesthe propertyof the onewho buys it, and Islam allows him to
sell, lease,copy, or
destroythe programsinceone of the conditionsof valid ownershipin Islam is free disposal.Hence,
Islam doesnot forbid the
selling, leasingor copying of the programevenif the sellerputs conditionson the buyer. This is so
becauseMuslims must
honourall conditionsexceptconditionsthat forbid what is halal or allows a haramthing or an action.
Therefore,Muslims are
not boundby any invalid conditions,becausethe right of ownershipgivesthem the right of free
disposal.

In the light of this the moneya persongainsfrom depositingmoneyin thebank, is riba and this money
is not his, andno Muslim
is allowed to useit or disposeof it in any way whatsoever,be it to benefit himself or allowing othersto
benefit from it, or to
invest,consumeor destroysuchmoney.If the interestmoneyappearsin the bank account,a Muslim is
not sinful, althoughthe
moneyis not lawful for him. However,the momenthe disposesof suchmoneyhe becomessinful,
becausehe is dealingin riba,
which is a rebelliousact againstAllah (swt) andHis Messenger.If a Muslim dealsin that money,
whetherby giving it to the
poor or by returningit to the bank manageror any otherbank official, or using it to destroyit and get
rid of it, or to personally
benefit from it, he would in this casefall into sin, becausehe is disposingof moneythat was not his in
the first place.

However,if a Muslim left that moneyin his bank accountandignoredit completely,not disposingof it
in any way whatsoever,
he would not be sinful, for it would be regardedsimply asmoneythat had no owner.Hencethere is no
needfor the
governmentscholarsto complicatethe issueby making it pennissible,halal. So,what shoulda Muslim
do if interestappeared
on his bank statement?He shouldignore it completely,for its useis not halal and disposingof it in any
mannerwhetherto
benefit from it or destroyit is not halal either.Thus the verdict is that it is moneythat hasno owner and
no legal guardian.

The Islamic Schoolsof Thoughtagreethat the Imam (i.e. the Khaleefah)is the guardianof he who has
no guardian,and that the
Imam is the guardianof the moneythat hasno legal guardianor owner,and for moniesthat haveno
claimants.In this casethe
moniesarecategorisedasfay'i (booty) which Allah (swt) allowedthe Muslims to gain from the non-
Muslims. AI-Bukhari,
Muslim and al-Tirmidhi reportedon the authorityof al-Miqdam al-Kindi that the Messengerof Allah
(saw) said, "I am more
responsiblefor a believerthanhe is for himself, so whoeverleft a debt or children,they would be for
his heir; and I am the
guardianof the one who hasno guardian,I inherit his moneyand easehis suffering." In the absenceof
the Imam, no one is
allowed to takeup his mandatorypowers,but we arecommandedto work towardsestablishingthe
Islamic Stateand
appointingan Imam. It is not lawful to establishassociationsthat haveas an aim the ronning of the
Muslims' affairs insteadof
the Imam. What someMuslims do is merelythe imitating of the Christiansand the Jews,basingtheir
argumentson wild and
imaginaryevidencesand misinterpretationsof the Qur'anic verse,

"Help one anotherin goodnessandpiety." [TMQ 5:2]

Co-operationin what is birr (good)andtaqwa(piety) doesnot meanviolating the commandof Allah

(swt), nor doesit mean
the taking over of the Imam's responsibility.It meanswe shouldperform gooddeeds,not to act as
permanentguardiansand
-
governors theseare the dutiesof the Islamic State.Imam Abu Hanifah said,

"The Imam is the lawful guardian of the money that has no guardian or owner; and the Imam is the
guardian (benefactor) of the
money (assets) of the murtad (apostate) and the dhimmi (non-Muslim citizen of the Islamic State) who
has no inheritors."

This meansthat only the Islamic Statecan apply the right of disposalregardingthe moneythat hasno
owner.All that is asked
of the Muslim who fearsAllah (swt) is to useonly his own capitalandnot to touchany surplusmoney,
nor to closehis account,
becausethe closing of the accountmeansdisposalof the riba eitherby leaving it to the bank or by
taking it, and this is haram
for the Shari'ahprinciple states'whateverleadsto haramis itselfharam.'.

SomeSchoolsof Thoughtsay it is preferablefor a Muslim to mentionin his will that thereis an amount
of interestin his bank
accountthat he hasno right of disposalover.By doing thesethings,he will lift the sin from his neck,
leaving everythingelseto
the Islamic Statewhich will soonbe established,insha'Allah .

In the absenceof the Khaleefahthe riba cannotbe touched,but when the countrybecomespart of Oar
at-Islam(i.e. by
establishingthe Khilafah in that country or whenthat land is conqueredby the Islamic State),then the
riba becomesthe
property of the Islamic Stateand the Imam its guardian.
When somepeopleattemptto legitimise this moneyby giving it to the poor, they fall into a graveerror
for they haveendorsed
(issueda fatwa to the people)regardingthe lawfulnessof the disposalof moneywhich doesnot belong
to them.The fact that it
is in their own bank accounts,aswe haveseenmeansnothingunderthe Islamic Shari'ah.

And sincesomeof thosewho areintellectually defeated(whosepolicies arebasedon co-existingwith

the cwrent reality and
the presentsituation,ratherthanworking towardschangingit accordingto the commandof AlIah (swt),
have approvedof the
giving of suchmoneyto the poor, they haveallowedthemselvesto fall into flagrant sin, for they have
given the peoplea fatwa
to deal in moniesthat do not belongto them.If a Muslim asksfor the Shari'ahverdict in any matter in a
sinceremanner,he
shouldrealisethat the Shari'ahrule is the speech(address)of the Legislatorconnectedwith the actions
of the people;i.e. Allah
(swt), Who will ask everyMuslim abouthis actions,big or small.Allah (swt) hasprohibitedus from
disposingof somethingthat
doesnot belong to us.

If a non-Muslim hascrediteda Muslim's bank accountwith interest,without any prior agreement,the

Muslim in this caseis not
held responsiblebecausehe did not initiate any actionin this instance.

However,when he withdrawsthis interest,he commitsa sin the momenthe disposesof the money
regardlessof his intention.

Listen to the idiocy of the inventedfiqhi storiescomingfrom the governmentsheikhs,listen to their

attemptsat changingthe
meaningsand nameswhen they legitimiseriba.

They say, "The Muslim is allowed to take riba, providedhe paysit to charity organisationsand to the
poor." And they claim
thereis no rewardfrom suchactionsand it will not be countedaszakat.The questionwe askthe
governmentscholarsis this:
How do you know that he is not rewardedandthat he is not accountablefor his actions,knowing that
reward is in the bandsof
Allah (swt) alone,and knowing that the Muslim is responsiblefor all his actions,big or small, for Allah
(swt) says,

"Then shall anyonewho hasdonean atom's weight of good seeit! And anyonewho hasdonean atom's
weight of bad, shall
seeit." [TMQ 99:7-8]

Finally, I remind myself andall the Muslims, especiallygovernmentscholars,to fear Allah (swt) and
obeyHim (swt), and of the
hadith of the Messengerof Allah (saw)which wasnarratedby Imam Ahmed on the authority of Abu
Malik al-Ashja'i that he
heardthe Messengerof Allah (saw) saying,"Peoplefrom my Ummahwill drink khamr (alcohol) while
giving it a different
name."Ibn al-Qayyummentionedin his book the hadith of the Messengerof Allah (saw)which says,"I
only fear for my
Ummahthreethings after I've gone."They said: "What are these0 Messengerof Allah ?" He (saw)
said: "I fear for you from
the lapseof the scholar,the mle of a tyrant andthe whim of a follower." Suchabovecharity
organisationsshouldfear Allah
(swt) and review the lawfulnessof their foundationsaccordingto the Book andthe Sunnah.
 They shouldreview their opinion which endorsesthe withdrawalof interestby the Muslims, which has
reachedthe point where
someof them havebegunbargainingwith the banksover the highestrate of interestand transferring
their accountsfrom current
to depositones,in order to gain a higher rate of interest,underthe pretextof helping the poor, and in
casea time comesthat
they may find that their fantilies arepoor, they allow themselvesto take interest Therefore,the charity
organisationsand
governmentscholarswould haveparticipatedin pemlitting somethingthat is forbiddenby definite
evidence.Thereis no power
andno strengthexceptfrom Allah (swt).