We have a property which is leased/rented out to international bank (indian company registered in India as a subsidiary) we had mentioned in the lease document that no direct or Indirect banking is permissible in our property, they are our tenants for 9 years, we have to renew the lease for 6 years, we have in principal agreed to do so in writing, but formal contract is not yet done. When we have checked on their computer monitors/call centers, To be precise the tenant is HSBC Data Processing India Private Limited, the actual operations in the complexs are as under:-
1 They answer on computer through internet etc questions from London & other countries about their bank balances, account change of address, day to day banking queries/questions etc.
2. They also have call centre and they answer all kinds of questions on telephone from London etc relating to balance of a person, transfer of funds from one a/c to another, change of addresses, perhaps loans (I am not sure I am guessing) and queries of insurance etc. It is clear that they do not work under banking permission under Reserve Bank of India and do not have a banking license and they do not do any actual transaction of INTEREST/BANKING/LOANS, they do not open any bank account here in Hyderabad nor deals with the public at all doing banking operations as normal bank works in the country and it is a DATA PROCESSING CENTRE.
4. But we feel they do all banking transaction for other countries sitting down in our property EXCEPT doing actual transaction with the persons/companies in our property.
5. The property belongs to a TRUST and the Trust disburses and donates the entire MONTHLY RENT for the EDUCATION & UPLIFTMENT PROSPERITY OF MUSLIMS UMMA and not a rupees is spent for any other purposes except PURE CHARITY.
6. The Umma and Muslim people in cities and far villagers are being benefits in a very very big way, plus focus is on ORPHANS, WINDOWS, PHYSICALLY HANDICAPPED and otherwise Muslims from poor financial background are getting educated and becomes self sufficient and joining PROFESSIONAL COURSES and getting jobs in international companies, becoming engineers, doctors and other professions for employment.
We are in doubt now, and wanted to know as under:-
A. Do we continue our lease to such an organization with above activities.
B. if not, then we have agreed to extend for 6 more years and sign MEMORANDUM OF UNDERSTNDING, can we revoke our WORD, and go back on our commitment.
C. A seperate property is individually owned by us, can we continue that building till the end of agreement which comes to an end in 2011, as our agreements are very clear and we do not have a right to cancel the agreement, this rent we use and utilize for own use.
In the name of Allah, the most Beneficent, the most Merciful.
With regards to your question if you had leased the property to a bank then that would have been impermissible as one will be assisting someone in committing sins, hence the money received would have been unlawful.
The scenario, which we have in front of us, is that you have leased the property and land to such a company, which is not a bank but deals with queries related to bank issues and bank accounts. I put forward this question to the senior muftis of Darul Uloom Bury (May Allah (SWA) give barakah in their knowledge and preserve them) and they replied by saying that as the company is not a bank in reality but gives advice on bank related issues then it should be permissible.
They base their ruling of it being permissible on the many Fiqhi (jurisprudence) texts which can be found in the Hanafi Fiqh allowing the property to be leased to non Muslims who may use it for unlawful purposes. An example of such a text can be found in Imam Marghinani’s Al Hidayah where Imam Muhammed (RA) has written in his “Jami Sagheer”
“Whoever leases a house to someone who will make it into a temple or a synagogue or a church or a pub in the village then there is nothing wrong with it (La Basa) according to Imam Abu Hanifah (RA). (Hidayah p.472 v.4)
The conclusions we can come to is that it will be permissible to rent the property to the company mentioned above and the rent received will be considered lawful.
Only Allah Knows Best
Mohammed Tosir Miah
Darul Ifta Birmingham.