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(Book 32, Hadith 14) #36457
The Prohibition of Converting Loans into Qirad

SUMMARY: It is not permissible to take a loan and then convert it into qirad without taking the money back from the lender.

Yahya said that Malik spoke about a man who loaned another man money and then the debtor asked him to leave it with him as a qirad. Malik said, "I do not like that unless he takes his money back from him, and then pays it to him as a qirad if he wishes or if he wishes keep it". Malik spoke about an investor who paid a man qirad money and the man told him that it was collected with him and asked him to write it for him as a loan. He said, "I do not like that unless he takes his money from him and then lends it to him or keeps it as he wishes. That is only out of fear that he has lost some of it, and wants to defer it so that he can make up what has been lost of it. That is disapproved of and is not permitted and it is not good".

TOPICS
loan  *  investment  *  disapproval  *  qirad

QUICK LESSONS:
Take your own funds back before investing elsewhere

EXPLANATIONS:
This hadith discusses the prohibition of converting loans into qirads. A qirad is an investment where one person gives money to another person in exchange for a share of profits or losses. In this hadith, Malik speaks about a man who loaned another man money and then asked him to leave it with him as a qirad. Malik said that he does not like this unless the lender takes his money back from him first, and then pays it to him as a qirad if he wishes or keeps it as he wishes. He also spoke about an investor who paid someone else's qirda money and was asked to write it for them as a loan. Again, Malik said that he does not like this unless the investor takes his money from them first before lending it or keeping it as they wish. This is because there may be fear that some of the money has been lost, so they want to defer payment until they can make up what has been lost of it; however, this is disapproved of and not permitted since it is not good practice. Therefore, we learn from this hadith that we should not convert loans into investments without taking our own money back first in order for us to be sure that all our funds are safe and secure before investing them elsewhere.

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