Is it permissible for you, in your capacity as secretary of a commercial association, to lend yourself money from the association, or to authorize someone else to execute a loan for you or for another borrower?
Scholars have differed regarding the permissibility of one person acting as both parties to a contract, such as a person borrowing for himself from the association's funds while also acting as its agent:
The First Opinion: Permissibility, which is the view of the Hanbalis. The Second Opinion: Prohibition, which is the view of the Shafi'is, due to the strength of their reasoning that this contract combines two conflicting objectives (seeker and sought), which could lead to denial or procrastination. Therefore, it must be prohibited as a means of blocking pretexts (sadd al-dhari'a).
The preponderant view is that of the Shafi'is. Accordingly, there must be another party (an agent for the association) who lends to the borrower, and this agent must be authorized by the association. As for the borrower authorizing another person to lend to him, this is not permissible. However, if the borrower is authorized to lend to others, he may delegate someone else to do so, unless there is a condition preventing it.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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