Current Legal Issues

  • BANKING AND FINANCIAL SERVICE
    • (12) Overdraft

A holder of a current account with any bank is entitled to withdraw any money from his account, provided there are sufficient funds in the account.

Of course, the bank may allow the account-holder to withdraw a certain amount, though, there is no credit balance in the account. This is done for the confidence the bank has in its customer. The bank charges interest on the amount withdrawn. This is called overdraft.

(27) Overdraft is a form of loan taken from the bank, with the proviso of paying the interest due. It is, therefore, a usury loan that is haraam. What the bank charges in interest on the amount withdrawn is treated as usury that is haraam.

Of course, if the bank was state owned or a national one, there is no harm in withdrawing money from it, not with the intent to taking loan, rather to obtain money that is majhoulil malik, as was explained in article (2).