Of Banks and Fiqh
Dear Governor State Bank,
The Council of Islamic Ideology (CII), through its despicable injunctions, such as the licence to beat one’s wife, has already brought considerable disrepute and damage to the citizens and the state of Pakistan. It is therefore deeply disgusting to see a certain commercial banks aping the antiquated CII by undertaking the additional role of determining and assigning ‘fiqh’ to its customers.
I am the customer of a very reputable foreign bank. On May 11, 2016, I submitted my affidavit (CZ-50) for exemption from zakat deduction to their Clifton branch. This was done strictly in line with the Supreme Court of Pakistan’s landmark judgment of March 9, 1999 that states that members of all ‘fiqhs’ are entitled to exemption from compulsory deduction of , and the Federal Government had no authority to reject the declaration of any Muslim seeking exemption from zakat. (as long as it was made on a prescribed form). This judgment enables any Muslim to declare his / her ‘fiqh” and thus seek exemption from compulsory deduction of zakat. It also recognizes the right of individuals to practice their faith according to their own ‘fiqh’, and not be dictated by the government’s interpretation.
The Holy Prophet of Islam (PBUH) did not subscribe to any ‘sect’ or ‘fiqh’. For his followers to be forced to invent one, be branded and be divided by sects and ‘fiqhs’ is therefore an absolutely unethical, undesirable and divisive demand on the part of the banks as well as the government of Pakistan. As a Muslim who respects all faiths and all ‘fiqh’, I described my ‘fiqh’ as ‘Insaniat’ in the CZ-50 affidavit — which is well in accordance with the Supreme Court judgment of 1999. I however received two phone calls from my bank categorically insisting that a Muslim cannot adopt ‘Insaniat’ as a ‘fiqh’ (as if they were incompatible), and that the only choice I had was to adopt one of the two ‘fiqh’ considered suitable by this commercial bank.
I’m not sure since when the State Bank authorized banks in Pakistan to allot specific ‘fiqh’ options to their clients, and who has asked the State Bank and the other banks in Pakistan to voluntarily assume this repugnant Papal responsibility.
Can I please request the Governor State Bank to look into this matter and take the following actions.
1. Notify all banks in Pakistan that suggesting or allocating a particular ‘fiqh’ for a client is not the responsibility of any commercial bank and the banks are bound to accept all affidavits seeking exemption from payment of zakat.
2. Take necessary action against the bank in question for attempting to force its clients to select only the bank’s own management-chosen brands of ‘fiqh’.
3. Take necessary action against the senior management of the bank for assuming that being a Muslim does not go together with ‘Insaniat’ and that such a declaration is incorrect and unacceptable to the bank.
The banks are bound by the Supreme Court ruling to accept all zakat exemption requests by Muslims. The redundant, archaic and bureaucratic practice of ‘sirkari’ affidavits, stamped documents and two witnesses must therefore be discontinued. The CZ-50 affidavit is a classic case of financial extortion of the citizens by the state. Zakat ought to be deducted only where an individual voluntarily instructs the bank to do so — and that too on a plain piece of paper.