Adjustment Of Interest Against The Loss Of Prinicipal

Contemporary Fatawa, Economics, Fiqh / Tuesday, July 20th, 2010

Q. In response to my question, you have replied in the Albalagh International-November 1991 issue – that I can adjust the interest money received earlier against the loss of my principal amounts in BCCI, your reply, I assume, is based on the assumption that I want to adjust the interest received earlier “FROM BCCI” against the expected loss of principal amount deposited with BCCI. Suppose the interest was not received from BCCI or only partly received from BCCI. Now the question is that can I adjust such interest amount against the loss of principal in BCCI?.
(M. S. Desai, Saudi Arabia)

A. As I have mentioned earlier whatever amount you have received or you aspect to receive from BCCI, in whatever name it may be, you can take it as the part recovery of your principal, but it should be kept in mind that your total receipts from the bank should not exceed, in any case, the amount you have actually deposited in the bank. Therefore, if the bank agrees, at a later stage, to pay you more, your claim should be confined to the extent of the arrears of your principal deposit only without any excess thereon.

Q. As you know, in Saudi Arabia, Maghrib Prayers are usually offered ten minutes after the call for prayers. I have recently seen one Hadith which can be rendered into english as “No one should sit in the Mosque until he has offered two rakah.” Agreed by all. Also, I have heard a Hadith which can be rendered into english as “Supplication between the Azan and the call for the prayers is always answered.”

Does that mean that we should or we can offer two rakah prayer after the call for the Maghrib prayer but before the congregation starts and suplicate?

A. The Holy Prophet (Sallaho Alaihai Wasallam) has emphasized in a number of AHadith that the Maghrib prayer should be offered as soon after the sunset as possible. On this basis the Hanafi jurists are of the view that the Maghrib prayer should be offered immediately after adhan without any intervening prayer as nafl. However, other jurists are of the opinion that it is advisable to offer two rakat as nafl before the Maghrib prayer.

The present practice in Makkah and Madinah is based on this latter view. Now, when the gap of about ten minutes is, in any case, available for every person who prays in the haram, one can avail of this opportunity by praying two rakats before the Maghrib, and there is no bar against it in Shariah, even in the Hanafi school, because they prefer to avoid any nafl before the Maghrib prayer only to refrain from delaying the obligatory prayer. But when the obligatory prayer is bound to be delayed, according to the current practice in haram, pointless, to avoid the nafl prayer, So one can offer nafl before maghrib while praying in haram.

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