Remitting money without getting a remittance license

14-1-2010 | IslamWeb

Question:

I have known many of my family and friends doing hawaala business even though their home countries ban it as they are not licenced. Getting a remittance licence is very expensive in certain countries and also a lot of people prefer to remit money from one country to another country anonymously as if remitted through banks, the identity of the sender must be furnished. Thus hawaala is preferred by many people and thus it is lucrative business. I am aware from your previous fatwa that, in principle, hawaala is halal. But in a country where doin hawaala is banned, Is the earnings from hawaala in such a country halal?

---

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 Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.

 

It is known that the field of purchases and sales of currency and exchange is narrower than other forms of sales and transactions and more likely to involve prohibition. Nevertheless, there is no harm in it if it is regulated by the Sharee’ah limits. It is in principle permissible as previously clarified in Fatwa 129786. Violation of some of the regulatory laws in this regard does not prohibit benefiting from the profits a man gains thereof although abidance by the laws, even those of foreign countries, is obligatory in some cases in order to save the person from danger and accountability. Also, many of these laws were laid in order to achieve public interest, so it is necessary to abide by them.

Allaah Knows best.