Fatwa No : 82071
Ruling on the salary of a bank security guard and a vehicle driver?

Ruling on the salary of a bank security guard and a vehicle driver?

What do the honorable scholars and respected muftis say regarding this issue: In the present era, the entire business of banks is based on interest (usury) and is unlawful, and the employment of all bank workers is also impermissible and haram. The question is: Is the salary of a bank security guard and a vehicle driver haram or not?
The second issue is about insurance policies (bima policy) and insurance. What is their ruling according to the Shariah? What is the ruling on doing the business of insurance, whether it is due to legal compulsion or mutual consent? If there is any valid (permissible) scenario, then please explain it as well. Kindly provide a detailed answer to both issues in accordance with the Qur’an and Hadith. JazakAllahu Khayran.

الجوابُ حامِدا ًو مُصلیِّا ً

The type of bank employment that has no direct involvement with interest-based transactions—i.e., it is not related to writing interest contracts, witnessing interest dealings, nor participating in any interest-based activity (such as working as a security guard)—the scholars have differing opinions regarding the permissibility of such jobs and the income derived from them.
The first opinion is that even this type of bank employment is not permissible, because although such employees do not engage in interest-based transactions, the salary they receive is taken from the total funds held in the bank, and these funds include interest as well. Therefore, such employment is also impermissible.
The second opinion is that such bank employment, which has no involvement whatsoever in interest-based dealings, is permissible. The reasoning is that although the employee’s salary comes from the pool of money held in the bank, not all of that money is interest-based. Rather, it is a mixture of different types of funds: Funds deposited by customers (which the bank has borrowed from them), The original capital of the bank owners, And the funds earned through interest. However, the majority of the funds in the bank are from the first two (permissible) categories, and the interest-based portion is comparatively less. Hence, the majority of the bank’s funds are halal, and if a salary is paid from this mixed pool to an employee who has no involvement in interest-based work, then that employment and the salary derived from it are not haram. Nevertheless, it is better and more cautious not to take even such employment in a bank. After finding another lawful means of livelihood, one should leave this job.
2. The business and policies of insurance companies are based on such conditions that are Islamically impermissible and unlawful, and they directly involve pure interest (riba). Therefore, participating in any insurance policy is impermissible and haram. However, third-party insurance, without which it is legally a crime to take the vehicle on the road, is permissible according to Shariah due to legal compulsion. Apart from this type, no other insurance is permissible. Even in third-party insurance, at the time of an accident, it is only permissible to take back an amount equal to what has been paid in the form of monthly premiums.

مأخَذُ الفَتوی

ففي الفتاوى الهندية: أهدى إلى رجل شيئا أو أضافه إن كان غالب ماله من الحلال فلا بأس إلا أن يعلم بأنه حرام فإن كان الغالب هو الحرام ينبغي أن لا يقبل الهدية ولا يأكل الطعام إلا أن يخبره بأنه حلال ورثته أو استقرضته من رجل كذا في الينابيع اھ (5/ 342)۔
كما قال تعالى فى القرآن المجيد: ﴿يَاأَيُّهَا الَّذِينَ آمَنُوا اتَّقُوا اللَّهَ وَذَرُوا مَا بَقِيَ مِنَ الرِّبَا إِنْ كُنْتُمْ مُؤْمِنِينَ﴾ (البقرة: 278)-
وفي مشكاة المصابيح: عن جابر رضي الله عنه قال : لعن رسول الله صلى الله عليه و سلم آكل الربا وموكله وكاتبه وشاهديه وقال: "هم سواء" . رواه مسلم (2/ 134)۔