The program "Sharia and Life in Ramadan" (2023/3/27) hosted Dr. Fadl Abdullah Murad, Professor of Jurisprudence and Contemporary Issues at the College of Sharia, Qatar University, to talk about some outstanding Islamic issues and resolve the controversy over them.
As for the departments of legislation and fatwa, Sheikh Fadl explained that it includes the circle of the clear haram, which is the cutters of Sharia that not all people are ignorant of, and therefore fatwas are not issued in this department, while the second circuit includes the clear halal, while in the third circuit there is a dispute between the two departments.
Dr. Fadl stressed that God Almighty narrowed the door of the forbidden and separated it, and made the wide door for halal, considering that the origin of things is to be permissible, and therefore the evidence for the forbidden must be from the Qur'an and Sunnah.
In his detailed talk about jurisprudential rules such as "the lesser of the two harms" and "necessities allow prohibitions" that are sometimes used badly, Sheikh Fadl explained that these rules are governing and controlling, as God Almighty has allowed man in case of necessity what is not permissible in natural cases, stressing in this regard the rule of "necessity is estimated as much", which requires that the assessment of necessity be in time, place and circumstances that impose it on man.
Speaking about bribery, Dr. Fadl stressed that it is forbidden, but there are in cases of necessity and extraction of the right with money that can be allowed, and gave an example here that it is permissible to pay money to the enemy to take the prisoner even though it is not permissible for him to do so, and he considered here that the sin is on the taker and not on the giver.
On the issue of usurious loans, Sheikh Fadl stressed that it is known that usury is a peremptory taboo, but if a person has to do surgery or pay his study fees, or as long as the loan belongs to his family's food, then in these cases it is permissible because it is a matter of necessities.
Regarding housing loans, Dr. Fadl explained that housing is a necessity, but Sharia has made it instead of owning rent. In Western countries, as long as the amount of rent results in many consequences and damages, he explained that the jurists of the councils allowed a person to take a loan to secure housing, not trade.
As for depositing money in banks, Sheikh Fadl pointed out that financial transactions in accordance with Sharia are controlled by controls, namely that they are free from usury achieved or predominant, and the consent of both parties, and that there is no ignorance affecting buying and selling (such as gambling, selling in futures and margin). Also, there should be no prohibitive text for the contract, in addition to the absence of harm to the market, individuals and consumers through monopoly and deception.
Sheikh Dhaif concluded that through these controls, it seems that depositing in banks and benefiting from them includes the first impediment, which is usury, which is forbidden, but it is permissible for a person to put his money in Islamic formulas in the name of speculation, istisna'a contracts and other investment formulas.