Interest bearing loans & Transactions

Q: With regards to these two fatwas, I have the following questions: 

https://muftionline.co.za/node/36923
https://muftionline.co.za/node/36922

My questions is as follows:

وَفِي الشَّرِيعَةِ: الرِّبَا: هُوَ الْفَضْلُ الْخَالِي عَنْ الْعِوَضِ الْمَشْرُوطِ فِي الْبَيْعِ؛ المبسوط للسرخسي

How will you explain this definition of riba in relation to the mas’alah in question? 

I have three objections: 

1. The extra amount is not necessarily خاليًا عن العوض (free of consideration). There is a service or benefit being provided in return for the amount charged. So how can this extra amount be described as a “surplus without consideration”? 

2. The extra amount is not مشروطًا في العقد (stipulated in the contract). The definition specifically refers to an excess that is stipulated in the sale. If this extra amount was not stipulated as a condition in the original contract, then how does it fall under this definition of riba? 

3. More importantly, how would it even be possible to pay the bank transaction fees in the first place? According to the qiyās presented in the mas’alah, paying the bank a fee gives them an additional benefit. If every additional benefit received by the lender is treated as riba on this basis, then what would be the basis for allowing bank transaction fees?

Q: Is it permissible in Islam to take a student scholarship from a riba based bank? 

The father is a guard man and the mother is a cook. 

Q: My friend asked me for a loan of R10 000. He said that he will pay me back the R10 000 after a week. There is no extra amount that I asked him to pay over and above the R10 000. However, since he asked me to eft the amount to him through which my bank will charge me R7, I asked him to pay my bank charges i.e. to pay the R7 which my bank will be charging me to do the eft. Is it permissible for me to take the R7 from him for the eft charge?

Q: My friend asked me for a loan of R100 000. He asked me to bring the money to him. I live in Pmb and he lives in Durban. Is it permissible for me to ask him to pay my petrol money for me to bring the R100 000 to him (i.e. R200)?

Q: I am an Attorney specialising in conveyancing. 

As part of the process, certain debts need to be paid by sellers before transfer is taken and the money is paid for them. 

Hence there is a service by third parties called bridging finance. They essentially give a seller a loan against the impending purchase price coming in. This service is probably a riba based model. 

I only refer non-Muslim clients to them. For that referral, the third party offers me a referral fee. Is that referral fee halaal for me ?

Q: There is a government youth development department here. There is a loan project and it was declared on the terms 9% service charge for women with no Riba. 

9% at gradually low rate. 

Is working as a youth development officer halaal there or taking the loan? 

It’s a charitable government department but yet there is that 10% service charge for men, 9% service charge for women, etc. rate for other gender.

Q: If one took a riba based loan, and he repents, should he repay only the capital portions of the loan or also the interest on the loan?

Q: Two parties want to enter an agreement: Person A wants to loan money to Person B. 

The amount is marked up by 10% and the repayment is over a fixed period e.g. 4 years. 

If there is a clause in the agreement to say that if you pay by 3 years, you will get R2000 back. 

Is the rebate of the R2000 clause permissible? Is the allocation of marked up shares permissible?