Can you own a post office the salary of which is based on traffic, main income of which will be banking transactions.

Question

The income of post office is paid monthly on commission basis, the main transactions upto 70% of the income was up unti 2003 made of benefit and schild benefits paid by order books cashable at the post office. from 2003 the government has decided to pay benefits by bank only, inorder to keep the business the post office is converting to a universal bank, which means anyone can deposit or withdraw cash from any bank account (barclays, hsbc, coop, lyodds/tsb etc.) the bank would have to pay a fee for each transaction to the post office, the post office then pays a percentage of the fee to the post master,however no recording of interest etc would be done. the questions. 1. can we own a post office whose main income (although paid as a commision by the post office)is of a banking nature. 2. some post offices also have national lottery on the same basis, camelot pays a commision to post office who then pays part commision to the post postmaster, if the answer to no.1 is maybe yes, how would that be different to lottery, whereas one is based on interest and the other gambling. please advice.

Mufti Ebrahim Desai · Accepted Answer

1. Since banking accounts are a contract of Riba, in the original sense they are not permissible. However, due to other factors, the Fuqaha have allowed the maintenance of a bank account, provided one does not use the interest earned from such accounts.

In the modern world in which we live in is almost impossible to run a business without a bank account. Some factors that render a bank account practically indispensable are:
§ A bank account provides security, where large amounts of cash may be stored safely. The danger of keeping large amounts of cash on hand is quite apparent.
§ Cheques are an essential tool in the modern financial world. These can only be obtained by one who maintains a bank account.
§ Import and exports are wholly dependent on bank accounts. No exporter will release goods without a 'letter of credit', which can only be obtained by one maintaining a bank account.
§ The growing trend is that all salaries are paid directly into employees' accounts.
§ The entire economy is moving towards the use of plastic money and e-commerce, both of which are entirely dependent upon bank accounts.

These are just some factors which make bank accounts a vital tool in the today's monetary world.

Since it is permissible to maintain a bank account, it will be permissible to act as an agent in depositing and withdrawing from such accounts. Commission earned for this service will be permissible.

It will not be permissible to be a party to any interest transaction.

2. It is not permissible to be an agent for the lottery gambling system. One will be aiding in sin. There is a difference between the two transactions. In the case of a bank, there is no sin in merely depositing or withdrawing monies from an account. The sin lies in taking or paying interest. Hence, it is not permissible to assist in interest monies, but it is permissible to be an agent for mere deposits and withdrawals.

On the other hand the sin in gambling is for the actual involvement in the transaction of gambling. Purchasing of a lottery ticket is the actual sin, irrespective if one wins or looses. By selling such a ticket one would be aiding in sin. It is thus not permissible to sell lottery tickets.

and Allah Ta'ala Knows Best

Mufti Ebrahim Desai
FATWA DEPT.

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