Fatwa ID: 08969
Answered by Maulana Iqtidar Ahmed
Question:
Assalamu Alaikum wa Rahmatullahi wa Barakatuh,
I am involved in a business partnership with a non-Muslim (kafir). The way our transaction works is as follows: The kafir wants to purchase a product, and we agree to each contribute half of the payment for the product. I send my portion of the money to his checking account, which he uses to complete the purchase. The product itself is halal, and the way we conduct the transaction is also in line with halal practices.
However, I am aware that his checking account accumulates interest (riba), though I have no direct access to or involvement with his account. The profit from this business is entirely given to me by the kafir, and I have no knowledge of how he manages his bank account beyond this detail. Additionally, the portion of money he uses for the transaction is not derived from interest.
My question is:
Am I sinful for engaging in this business arrangement, given that his bank account accumulates interest, even though I do not benefit directly from the interest, nor am I involved in managing his account?
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
We would recommend creating a new account which does not involve any haram elements. It may be better as well from a business angle to have a dedicated account / joint for this purpose.
If it truly is not possible, you would not be accountable for what your partner does on their side, although it is better to avoid. This is similar to the ruling regarding mixed wealth, where one is not held accountable for the impermissible elements outside their control. [1]
Only Allah ﷻ knows best.
Written by Maulana Iqtidar Ahmed
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
References:
[1]
Ibn Abidin, Radd Al-Muhtar Ala Ad-Durr Al-Mukhtar, vol 5, p.93, Kitab Al-Buyu3 (Dar Al-Kutub Al-Ilmiya).
وإن كان مالا مختلطا مجتمعا من الحرام ولا يعلم أربابه ولا شيئا منه بعينه حل له حكما ، والأحسن ديانة التنزه عنه ففي الذخيرة : سئل الفقيه أبو جعفر عمن اكتسب ماله من أمراء السلطان ومن الغرامات المحرمات وغير ذلك هل يحل لمن عرف ذلك أن يأكل من طعامه ؟ قال أحب إلي في دينه أن لا يأكل ويسعه حكما إن لم يكن ذلك الطعام غصبا أو رشوة