Fatwa No : 80351
Taking a vehicle from Meezan Bank on Ijara Basis and Sharia status of takaful

Taking a vehicle from Meezan Bank on Ijara Basis and Sharia status of takaful

What do the muftis say about the issue that a "loading Suzuki pickup" can be taken from an Islamic bank on a lease basis for business needs? What do the scholars say about Takaful (Islamic insurance), because Takaful is necessary to take a vehicle on lease. If the monthly rent paid by a check is returned in a month, the bank collects a penalty, which is deposited in their charity fund, and according to the banker, it is given as charity. What is the ruling on this?
Will an average Muslim be guilty of a sin if he acts upon a ruling from an authoritative Darul Ulum about an Ijtihadi or a controversial matter, or will he be exempted from it? Jazak Allah

الجوابُ حامِدا ًو مُصلیِّا ً

1: According to our information, it is permissible to deal with Meezan Bank and Bank Islami and to take a vehicle etc. from them on a lease basis.
2: Takaful is a Shariah alternative to the prevailing interest-based insurance, which does not involve usury, gambling and ambiguity. The main reason for this is that the institutions known as “Takaful” are working according to Shariah principles under the supervision of expert scholars, so it is permissible to deal with such institutions or to have a vehicle takaful. Since the practice of Pak Qatar Takaful Company is under the supervision of authoritative scholars, it is permissible to carry out the lease process through it.
3: This agreement is only to bind its customer to make the payment timely. It is not correct to attribute it to Shar’i interest or penalties, and since there is a promise to give charity on the part of the customer, it does not affect the validity of the contract.
4: The general Muslim will be exempt from liability.

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كما في مشكاة المصابيح: عن أبي هريرة رضي الله عنه قال : قال رسول الله صلى الله عليه وسلم : " من أفتي بغير علم كان إثمه على من أفتاه (1/ 52) ۔