Friday, July 5, 2013

Fathwa - An item that involves Riba in PayPal and Alipay user agreement

Question
Assalamo alikom When I read PayPal and Alipay user aggrement I found
thoes items are not clear to me: PayPal 4.1 Balances. If you hold a
balance, PayPal will hold your funds in pooled accounts separate from
its corporate funds, and it will not use your funds for its operating
expenses or for any othercorporate purposes. PayPal will not
voluntarily make your funds available to its creditors in the event of
bankruptcy. You will not receive interest or other earnings on the
amounts in your balance. PayPal may receive interest on amounts that
PayPal holds on your behalf. Youagree to assign your rights to PayPal
for any interest derived from your funds. Alipay (Escrow) 9. General
Provisions 9.6 Alipay shallhave the right to assign this Agreement
(including all of our rights, titles, benefits, interests, and
obligationsand duties in this Agreement) to any of ouraffiliates and
to any successor in interest. Alipay may delegate certain of Alipay
rights and responsibilities under this Agreement to independent
contractors or other third parties. User may not assign, in whole or
part, this Agreement to any personor entity. So is this deal are Riba
(interest) ? kind regards
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify
that there is none worthy of worship except Allaah, and that
MuhammadisHis slave and Messenger.
This condition is considered a forbidden Riba (usury and/or interest)
condition if the company deposits the balance of its customers in
Riba-based banks, and this is what appears fromthe question.
This company explicitly states that it receives interests from the
amounts deposited on behalf of the client. Under this agreement, the
client agrees to allocate to the company his rights in those interests
resulting from his balance (money deposited in the bank). Of course
these interests are not resulting from an Islamic Mudhaarabah or a
legitimate transaction whereas it is saved in a Riba-based bank as we
have mentioned. For more benefit on Mudhaarabah, please refer to Fatwa
148103.
The fact that the owner of the money does not take the interests
resulting from that for himself does not exempt him from sin, whether
hetakes the interest himself or that he leaves it to the company under
that condition.
Allaah Knows best.

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