Praise be to Allaah.
If borrowing from the bank is done in a shar’i manner, such
as taking a loan which he will pay back with no interest, or he buys
something from them to be paid for at an agreed time – even if that is for
more than the current price – there is nothing wrong with that. But if he
borrows from them on the basis of riba (interest), this is not permissible,
because Allaah has forbidden riba in His holy Book, and in the Sunnah of His
noble Messenger (peace and blessings of Allaah be upon him), and has
issued a warning concerning it that is not mentioned with regard to eating
dead flesh and the like. Allaah says (interpretation of the meaning):
“Those who consume Riba will not stand (on the Day of
Resurrection) except like the standing of a person beaten by Shaytaan
(Satan) leading him to insanity” [al-Baqarah 2:275].
The mufassireen said: What this means is that he will rise
from his grave on the Day of Resurrection like one who is insane. Then after
that Allaah says (interpretation of the meaning):
“That is because they say: ‘Trading is only like Riba,’
whereas Allaah has permitted trading and forbidden Riba. So whosoever
receives an admonition from his Lord and stops consuming Riba, shall not be
punished for the past; his case is for Allaah (to judge); but whoever
returns (to Riba), such are the dwellers of the Fire — they will abide
therein.
276. Allaah will destroy Riba and will give increase for
Sadaqaat (deeds of charity, alms)”
[al-Baqarah 2:275-276].
It is narrated in a saheeh report that the Messenger of
Allaah (peace and blessings of Allaah be upon him) cursed the one who
consumes riba and the one who pays it, the one who writes it down and the
two who witness it, and he said: they are all the same. This was narrated by
Muslim in his Saheeh. There are many well known verses and ahaadeeth
which forbid riba and warn against it. Not finding someone to lend him money
or sell to him on credit does not make him come under the ruling of
necessity which makes eating dead meat or engaging in riba permissible. This
is a view for which there is no basis in sharee’ah, because the one who is
in need can work with his hands until he earns enough to pay for his needs,
or he can travel to another town to find someone who will lend him money or
sell to him on credit.
The case of necessity is that in which a person fears that he
will die if he does not eat the dead meat or whatever because of starvation
and not being able to find anything to keep body and soul together by
earning etc. The need of those who deal with riba-based banks does not come
under the heading of necessity which makes dead meat and the like
permissible.
Many people take the matter of riba lightly, so that they
deal with it and issue fatwas to the people for the slightest reason. This
is only due to lack of knowledge and weakness of faith, and because they are
overwhelmed with love of wealth. We ask Allaah to keep us safe and sound
from that which incurs His wrath. The more one can avoid dealing with the
bank or borrowing from them – even in the shar’i ways that we mentioned
above – the better, because in most cases the bank’s money is not free from
haraam elements, and the Prophet (peace and blessings of Allaah be upon
him) said: “Whoever avoids doubtful areas has protected his religious
commitment and his honour.” Agreed upon. And Allaah is the source of
strength.
Fataawa al-Shaykh Ibn Baaz (19/301-303).