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Ruling on Paying Annual Subscriptions in Installments with an Increased Percentage of Profit

Answered according to Shafi'i Fiqh by Darul Iftaa Jordan
What is the ruling of Sharia on adding a new article to the Retirement Pension and Assistance System of the Jordanian vets, which provides that in case of outstanding amounts the participant is free to pay in cash or in installments with (5%) as an increased annual percentage of profit under the name "Investment opportunities allowance" ?

Answer:

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

The ruling of Sharia on adding (5%) under the name "Investment opportunities allowance" depends on the following situations:

If the outstanding amounts were already due by virtue of his having participated in the above system, then it is unlawful to add (5%) because this is usury/interest. As he is already liable for those amounts, any addition to them is prohibited.

But, if he is a new participant and the amounts aren`t due on him yet , then it is permissible to give him the choice between paying in cash or in installments, and in this case, it is lawful that the amount paid in installments is higher than that paid in cash.

It is worth pointing out that the attached system didn`t include what indicates that the amounts are paid as a form of donation, which should have been so or else the above system will be null and void because it involves usury and gambling. In fact, the systems of the funds based on the concept of cooperative insurance must provide that payments that participants pay to the fund are a donation, which is required and encouraged by Sharia. The evidence on this is that Allah the Almighty says {What means}: "Help not one another unto sin and transgression, but keep your duty to Allah. Lo! Allah is severe in punishment." {Al-Maida, 2}. In addition, Abu Musa (May Allah bepleased with him) reported Messenger of Allah (PBUH) said, "The relationship of the believer with another believer is like (the bricks of) a building, each strengthens the other." He (PBUH) illustrated this by interlacing the fingers of both his hands. [Al-Bukhari and Muslim]. And Allah the Almighty knows best.

 

This answer was collected from the official government Iftaa Department of Jordan.

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