Is it Islamically permissible for employees of a company experiencing financial difficulties to obtain a personal loan from a bank, guaranteed by their salary and end-of-service benefits, to cover their delayed salaries, knowing that the bank will deduct administrative fees and other charges?
The transaction mentioned is not an explicit loan but rather a financing transaction (Tawarruq), which is of two types:
1. Ordinary Tawarruq: The bank purchases the commodity, which then enters its possession and guarantee. Then, it sells it in installments to the seeker, who then sells it to a third party to benefit from its price. This is permissible.
2. Organized Tawarruq: The bank sells a commodity at a deferred price to the mustawriq (the one seeking Tawarruq), and the bank commits to selling it on his behalf to another buyer for a spot price and delivering its price to the mustawriq. This type has been ruled impermissible by the Islamic Fiqh Academy, and this is what is understood from the question.
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- 163106
- Imported
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