What do the esteemed scholars and respected Muftis say regarding the following matter that a man conducts business in both Dubai and Karachi. In order to obtain a residence permit (Iqama) and a business license in Dubai, he was required to deposit a substantial amount held in euros, dirhams, and dollars as security in Emirates Islamic Bank and another bank. These banks, including Emirates Islamic Bank, paid profit on the deposited amount. The representatives of Emirates Islamic Bank claim that their profit is Shariah-compliant (halal). The question now is: the profit remains in this man's account, if someone directly uses this profit for the construction of a mosque or madrasa, or takes a loan from this amount to be used in the construction, with the intention of repaying it later once arrangements are made, would there be any Shariah objection to this? Please explain and clarify, and you shall be rewarded
According to our knowledge, the complete procedure and operations of the mentioned banks are not fully in accordance with the principles of Shariah, nor are they entirely Islamic. However, if the concerned bank manager, senior officers, or the Shariah advisor can provide a clear explanation regarding the source and method of generating this profit, then a reliable Darul Ifta (Islamic legal authority) may be consulted for a proper Shariah ruling based on that clarification. Until such clarification is obtained, caution requires that such funds should not be spent on personal needs or on the construction of a mosque or madrasa. Instead, the amount should be given in full ownership to a genuinely deserving person. Once the amount is handed over, whether that person uses it for the construction of a mosque or not, both options are permissible and valid for him. However, in cases of extreme necessity, it is permissible to use this money as a loan for such construction projects.
کمافی الشامیۃ: قال تاج الشریعۃ: اما لوانفق فی ذلک مالا خبیثاً ومالاً سببہ الخبیث والطیب فیکرہ لان اللہ لایقبل الا الطیب فیکرہ تلویث بیتہ بمالایقبلہ اھ(1/658)۔