Is it permissible to earn money by investing in an automated system that generates profits through interest, given that the company donates the interest to charities to dispose of illicit gains, and that it is impossible to avoid receiving this interest?
The BOT (Build-Operate-Transfer) system means that the private sector undertakes the construction and execution of infrastructure projects, operates and manages them for a specific concession period, and then transfers the project with its components to the state. A resolution has been issued by the International Islamic Fiqh Academy permitting its adoption in the development of endowments (awqaf) and public utilities, and recommending intensified jurisprudential research on its various forms. Contemporary scholars have differed on the legal categorization of this contract; some have considered it an istisna' (manufacturing) contract, while others have categorized it based on diminishing (partnership) or leasing the land for a share of its output. In summary, the BOT contract is generally permissible, though there is a need to examine the details of each specific case to rule on it. It is important to note that some companies using this contract resort to interest-based borrowing to secure funds, which is forbidden, as is depositing their money in interest-based banks for a profit.
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