Muslim Creed | Can I Receive Gifts from the Bank? In this post, Muslim Creed will explain a gift from a bank on the condition that consumers save their savings in the bank and get the prize at the beginning, for example, want to take a smartphone prize for 2 million by saving in the bank, is that okay?
so for example the first deposit of 12 million IDR 80,000 immediately gets a smartphone, then every month you save 11 million, multiplied by 24, so the total is 264 million. then the contract is complete, if you look at the calculations. to be like this. the total money is 12 million 80 thousand + 264 million so that the total is 276 million IDR 80,000
Can I get a gift, when we save in the bank?
We will look in more detail at the contract status of customers who save at the bank, by looking at the consequences when we submit money to the bank, and the purpose of saving there, there are several possible forms of contracts with different consequences.
One gift or deposit,
a consequence of his position as a guardian, the money must not be used because it does not change ownership, and must be guarded by the party entrusted with normal care, if the bank uses the money it means the bank has violated the mandate. The wadiah formula is to be guarded and not to be used.
Two investments or mudharabah
the consequence of the customer’s position as capital, the money remains the property of the investor which may be used for capital participation in the business run by the bank.
The recipient may not use the funds except for the agreed business interests, and the investor is entitled to profit sharing, according to the agreement, but he must also be prepared to bear the risk if there is a loss. so that investment funds should not be guaranteed, so that the funds could be reduced if there is a risk of loss. The mudharabah formula is permissible and cannot be guaranteed.
Three debts or Qardh
As a consequence of its position as debt, the money has transferred ownership to the recipient, however, the recipient must guarantee that the money will be returned in the same form to the owner. and the recipient is allowed to use the money as he wishes. The qardh formula is permissible and must be guaranteed.
The reality in the bank is that when a customer submits their savings at the bank, the bank is legally allowed to use the money, even without asking the customer’s permission. even the customer is not allowed to restrict the bank from using the money, so with this fact the money that the customer hands over to the bank is not a gift.
If it is still called wadiah, it means that the bank has misused the trust as stated above. funds from customers are also guaranteed by the bank, so that whatever risk happens to the money will be replaced by the bank. Even these funds are guaranteed by the state.
Based on this fact, it means that savings funds in banks cannot be called mudharabah capital, because mudharabah capital cannot be guaranteed, based on the hadith, which means that there can be no profit without bearing the risk of loss. Hadith narrated by Ahmad Nasa’i and authenticated by Syu’aib Al Arnauth.
In another hadith from Aisyahradhiyallahuanha, the Prophet sallallaahu ‘alaihiwasallam said which means: The profit is in exchange for the risk borne. Hadith narrated by Ahmad Nasa’i and others.
So that the most appropriate contract for saving in a bank is debt, the funds are used by the bank and the bank is ready to bear any risk to the customer’s money.
Therefore, when a customer saves in a bank, in essence, he is giving a debt to the bank. in Saudi banks, savings products are termed al-hisab Al Jari or checking accounts. and the scholars understand that Al Hisab Al Jari is a checking account which is essentially a debt.
Financial institutions or banks have funds stored in checking accounts and guarantee these funds in their dependents. Considering that the savings account in the bank is debt, the gift given by the bank is a gift due to debt. and that includes usury which is forbidden, because in Islam, we are not allowed to benefit from any debt.
according to some narrations, every debt that provides benefits, then that profit is usury.
some other opinions explain that it is haram to accept gifts from debtors to creditors, meaning that who has debts to other people.
We understand very well, banks give gifts like this as a form of gratitude for the funds deposited by customers to him, thus gifts such as smartphones from the bank or other merchandise, if given because you are a customer who saves at the bank should not be accepted.
Thus, the summary that we can convey, hopefully we are kept away from the practice and goods of usury, thank you, see you soon.