Ibrahim then said that Shaikh Rasheed Ridha
allowed savings accounts that gain interest. The opinion
that he mentioned is an error in judgment that is based on
discredited personal conclusions that clearly contradict the
relevant Texts [of the Quran and Sunnah]. The scholars
stated that Muslims are not allowed to rely on Ijtihad
(personal judgment) where a Text exists. Rather, Ijtihad is
only employed where there are no Texts, in which case,
only qualified persons are allowed to perform Ijtihad.
When a scholar tries his best in his Ijtihad and issues a
correct opinion, he will gain two rewards [one for Ijtihad
and one for correctness]. On the other hand, when a
scholar performs his best Ijtihad but issues the wrong
opinion, he will only gain one reward for his Ijtihad [yet,
the erroneous opinion –as in this case- is still invalid]. The
Prophet ( I
صلى الله عليه وسلم
“When the ruler (or the judge, or the scholar) performs
Ijtihad and reaches the correct conclusion, he will gain two
rewards. When he performs Ijtihad but reaches the wrong
conclusion, he will gain one reward.” [Al-Bukhari and
Muslim collected this Hadith from `Amr ibn Al-`Aas].
Also, Imam Muslim reported a Hadith collected from Abu
Hurairah, may Allah be pleased with him, reporting similar
words.
Consequently, Muslims are not allowed to perform
Ijtihad concerning matters of the religion where there is a
clear ruling that Allah has revealed in the Quran or in the
Sunnah of His Prophet, salla allahu `alaihi wa-sallam.
Furthermore, and according to the consensus of the
scholars, all Muslims are required to adhere by the Texts of
the Quran and Sunnah and to implement their rulings.
Allah alone is sought for each and every matter, and there is
neither power nor strength except from Him.
Fourth, Ibrahim said towards the end of his
research, “In summary, and after comparing the Riba that
the Quran prohibited to banking transactions, it is clear that
banking transactions are quite different from the Riba
transactions that the Quran warned against. This is because
in the present time, there are new types of transactions and
as such, are not entailed in the prohibited Riba mentioned
in the clear Texts in the Quran. Hence, we must assess
these new types of transactions regarding the benefits they
bring for the slaves and their satisfying their legal needs,
thus imitating the practice of the Messenger of Allah, salla
allahu `alaihi wa-sallam, when he allowed the selling of the
Salam. He did this, even though the Salam entails selling a
good that the seller does not yet have. Therefore, the
scholars stated that selling as-Salam was allowed, because
people needed it. Likewise, the scholars relied on the
example of allowing as-Salam transactions and other
relevant examples to allow many beneficial practices
without which people's needs will not be fulfilled or
satisfied.”
allowed savings accounts that gain interest. The opinion
that he mentioned is an error in judgment that is based on
discredited personal conclusions that clearly contradict the
relevant Texts [of the Quran and Sunnah]. The scholars
stated that Muslims are not allowed to rely on Ijtihad
(personal judgment) where a Text exists. Rather, Ijtihad is
only employed where there are no Texts, in which case,
only qualified persons are allowed to perform Ijtihad.
When a scholar tries his best in his Ijtihad and issues a
correct opinion, he will gain two rewards [one for Ijtihad
and one for correctness]. On the other hand, when a
scholar performs his best Ijtihad but issues the wrong
opinion, he will only gain one reward for his Ijtihad [yet,
the erroneous opinion –as in this case- is still invalid]. The
Prophet ( I
صلى الله عليه وسلم
“When the ruler (or the judge, or the scholar) performs
Ijtihad and reaches the correct conclusion, he will gain two
rewards. When he performs Ijtihad but reaches the wrong
conclusion, he will gain one reward.” [Al-Bukhari and
Muslim collected this Hadith from `Amr ibn Al-`Aas].
Also, Imam Muslim reported a Hadith collected from Abu
Hurairah, may Allah be pleased with him, reporting similar
words.
Consequently, Muslims are not allowed to perform
Ijtihad concerning matters of the religion where there is a
clear ruling that Allah has revealed in the Quran or in the
Sunnah of His Prophet, salla allahu `alaihi wa-sallam.
Furthermore, and according to the consensus of the
scholars, all Muslims are required to adhere by the Texts of
the Quran and Sunnah and to implement their rulings.
Allah alone is sought for each and every matter, and there is
neither power nor strength except from Him.
Fourth, Ibrahim said towards the end of his
research, “In summary, and after comparing the Riba that
the Quran prohibited to banking transactions, it is clear that
banking transactions are quite different from the Riba
transactions that the Quran warned against. This is because
in the present time, there are new types of transactions and
as such, are not entailed in the prohibited Riba mentioned
in the clear Texts in the Quran. Hence, we must assess
these new types of transactions regarding the benefits they
bring for the slaves and their satisfying their legal needs,
thus imitating the practice of the Messenger of Allah, salla
allahu `alaihi wa-sallam, when he allowed the selling of the
Salam. He did this, even though the Salam entails selling a
good that the seller does not yet have. Therefore, the
scholars stated that selling as-Salam was allowed, because
people needed it. Likewise, the scholars relied on the
example of allowing as-Salam transactions and other
relevant examples to allow many beneficial practices
without which people's needs will not be fulfilled or
satisfied.”
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