Monday, November 14, 2016

Is Amanah Saham Bumiputra halal or haram?

The summary of Q&A of ASB ( one of Malaysia trust fund for it local citizen)

The Question: Is ASB Halal?

Answer by Dr. Zaharuddin hafizahullah:
Said Majlis Fatwa Kebangsaan as Harus
Said Majlis Fatwa Perak as Harus
Said Majlis Fatwa Selangor as Haram
Said Mufti of Penang as Haram
Said Majlis of Syariah Advisory of Securities Commision Malaysian as non-syariah compliance. This is the coporate term for haram

So which one to follow? In Malaysia the goverment has given the mandate to Securities Commision for
investment. Thus is the most sound body for this area and it said it is haram

2nd in power for Fatwa is the state Fatwa because they are under the authority of Sultan

The least power is Majlis Fatwa Kebangsaan. Their fatwa cannnot be made into law and it just a form of advise

Thus ASB is seen as "shubuhah"( doubtful) because some said ok and the most authority body said not

When something is doubful the Prophet said
فَمَنْ اتَّقَى الشُّبُهَاتِ فَقْد اسْتَبْرَأَ لِدِينِهِ وَعِرْضِهِ
he who avoids doubtful matters clears himself in regard to his religion and his honor

ASB invest in Maybank Group ( Conventional Banking )and British American Tobacco and it is known that Cigarettes is Haram. Due to these investments ASB is not syariah compliance according to Security Council

If you ask me what to do. As Allah said
وَإِن تُبْتُمْ فَلَكُمْ رُءُوسُ أَمْوَالِكُمْ لَا تَظْلِمُونَ وَلَا تُظْلَمُونَ
If, however, you repent even now (and forego interest), you are entitled to your principal; do no wrong, and no wrong will be done to you.

You can take back the pricipal money because that is your money. The divided is the doubtful. If you are a god fearing person, a person of taqwa you don't use that money for yourself for food or other stuff.

This money can be given to the needy people. This money is not dirty to them, it only dirty to the person who made it. The money itself is not haram.

But the most deserving recipients of this money is the relatives. As Allah said
وَآتِ ذَا الْقُرْبَىٰ حَقَّهُ وَالْمِسْكِين
And give to your relative and the poor

Like the poor sisters, sick aunty and like that. The child/son/daughter is not under this category because the own child is the responsibility of their parents thus can't use this money

الله أعلم

Who is Dr. Zaharuddin?

B.A (Hons) Usuluddin, University Of Malaya, Malaysia
M.A (Hons) Fiqh & Usul Fiqh (Specialized in Islamic Commercial Transaction), Al-Yarmouk, Jordan
PhD, Syariah & Islamic Finance, Univ of Wales, United Kingdom.
Academic Certification ( ijazah) from Syeikh Al-Imam Dr Yusuf Al-Qaradawi.
Read more here:

Original video in Malay

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