Fatwa No : 82328
The ruling regarding the amount deposited in the DSP fund.

The ruling regarding the amount deposited in the DSP fund.

Assalamu alaikum warah matullah! Respected and honorable Mufti, may you always remain steadfast and may Allah keep you under His protection. I humbly submit the following: I am serving in the Pakistan Army. According to government orders, my compulsory deduction for the DSP Fund is 200 rupees. In addition to this, I voluntarily deposit 500 rupees, which amounts to 6,000 rupees annually. Upon this sum, the government adds an annual profit, from which zakah is also deducted. The more one deposits, the greater the amount received at the end, and the higher the annual profit. The annual profit given by the government is granted at its discretion. If we wish to withdraw our deposited amount, it is possible to do so; however, the condition is that we must contribute more than our monthly deduction, meaning the withdrawn sum has to be repaid in installments. The DSP Fund consists of our personal deposited money, while the profit given by the government is separate. Therefore, I respectfully request that, in light of your knowledge and according to the requirements of Islam, you kindly issue a fatwa on whether I should increase my contribution to the DSP Fund or not, so that I may attain the maximum possible benefit at the end. I pray that Allah keeps you joyful, grants you His protection, and may you also pray for me.
Wassalam

الجوابُ حامِدا ًو مُصلیِّا ً

The questioner had verbally clarified that in the mentioned fund, deduction of up to two hundred rupees is legally compulsory, while any additional deduction is voluntary. If indeed it is legally mandatory, then in such a case, the compulsory deduction made from the questioner’s salary for the DSP Fund, along with the amount contributed by the government, as well as the amount added under the title of interest (usury) due to being kept in the bank, these are not considered interest (riba) in Shariah, and it is permissible for the questioner to receive them. However, if this is in fact a voluntary scheme, similar to the optional form of the G.P. Fund, then in such a case, any amount exceeding the employee’s own contributions would be deemed as interest (riba) according to Shariah, and therefore impermissible. In such a situation, the employee may only benefit from the amount he himself deposited into the fund, while availing of any excess would not be lawful.

مأخَذُ الفَتوی

کمافی البحر الرائق: (وقولہ بل بالتعجیل او بشرطہ او بالاستیفاء او بالتمکن) یعنی لایملک الاجرۃ الا بواحد من ھذہ الاربعۃ والمراد انہ لایستحقھا(الیٰ قولہ) لکن لیس لہ بیعھا قبل قبضھا اھ(7/327)۔