What is the ruling on POS?

What is the ruling on POS?

QUESTION:

Salaam alaykum warahmatullah wabarokatuh

Please, I intend to know whether it’s allowed in Islam to have a POS-pay-center, either as an agent of paga, opay, firstmoni, etc. Note, sir: valid proofs from Qur’an and Hadeeth for its permissibility (or otherwise) will be appreciated.

While anticipating your response, I pray to Allaah (SWT) to increase us and you in knowledge and Iman.

ANSWER:
Wa alaikumus salaam wa rahmatu llaah wa barakaatuh.

First, may Allah, accept your du’aa, guide us and make us firm upon the path of tawheed and Sunnah.

Secondly, it is pertinent to note that some rulings are too explicit to be proven right or wrong just as the apostasy of a ‘Muslim’ invoking Shango or Obataala is too explicit and clear to be proven right.

Ribaa’ is one of the Kabaair, thus, it is basically haraam to have dealings with banks that deal with ribaa’, and this comes from the general ruling that it is prohibited to help in promoting mischief on earth. Rather, in an Islamic State, such banks must not exist. Rather any organisation dealing with ribaa’ must be fought until they desist.

“And if you do not do it, then take a notice of war from Allaah and His Messenger”

[al-Baqarah 2:278-279]

Whoever understands this would know that it is haram by default to have a POS. Does a Muslim need an Aayah for that?

The answer is “No”!

Perhaps, we’ve forgotten that we “deposit”[1] money in those banks with the excuse of Doruurah (necessity). Subhaana llaah! This is one of the fitnah we encounter living in a Kufr State. Imaan becomes strange; haraam are done under necessity until it becomes a norm. Then we think of institutionalising it forgetting it wasn’t basically permissible.

We’ve all forgotten! We’ve lost our Dīn! This is why you see ‘Muslims’, rather ‘Salafis’ placing like on the Facebook pages of Ribaa’ banks and following them on Social Media; Alas, this is because we’ve forgotten the fundamental. When you deal with haraam under doruurah for a long time, with time it appears to you as Mubaah (permissible), then as Waajib (obligatory).

A Muslim cannot own a POS as a Muslim cannot help in promoting ribaa banks.

We ask Allah for safety and guidance.

Abu ‘Ubaidah al-Athari

September 6, 2019

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[1] The word “deposit” in the context of ribaa banks is a misplacement, this is because if it is truly a deposit, the money should not be used by the banks. In reality, you are lending them the money you save into your account, and you get interest in return. This is haram by the consensus of the Muslims!

Shaykh Uthaimeen said:

It should also be noted that depositing this money in the banks is not regarded as depositing it in the shar’i sense, because depositing something in sharee’ah means leaving it with someone for safekeeping, which means that the owner cannot use it; but when money is deposited in the bank, the bank uses the money, so it is a form of lending, not depositing for safekeeping. The fuqaha’ have explained this point, that if the depositor gives the keeper permission to use his money, it is no longer a deposit for safekeeping, rather it is a loan. (Therefore anything added to the principle is riba).

[Fataawa Manaar al-Islam, 2/433-440 by Shaykh Ibn ‘Uthaymeen]

See Ruling on Depositing Money in A Riba-based Bank

See also Where should he deposit his money in these times when riba is so widespread?

See also Ruling on depositing money in the bank, and interest