Prohibited Benefit in a Good Loan An Analytical Study of the Fees for Banking Services Imposed on Current Accounts

Abstract

The good loan is an exception to the religiously prohibited sale of dirhams for dirhams. It is a pure donation contract that achieves solidarity and solidarity among Muslims, contributes to solving their financial problems, both direct and indirect, and prevents them from resorting to usurious loans. The basic principle is that no increase in any debt is acceptable, and every benefit is considered an increase. However, some benefits are religiously prohibited and are not permitted in a loan contract, according to scholarly consensus. Some are permissible according to some scholars. So, in this research, I talked about the benefit that is the subject of prohibition, especially the fee imposed on banking services in exchange for current account services, or obtaining a good loan from the bank using an electronic application such as the service available at the North African Bank and called the (Salafni) service, which can be obtained by subscribing to an application they called (Nab Mobile) in exchange for a commission estimated at thirty dinars paid monthly for the purpose of subscribing to the distinguished package that includes the (Salafni) service. In this research, I adopted the inductive and analytical approach, and reached results including: that every increase stipulated verbally or by ruling and not met with compensation is considered usury; because it achieves a benefit for one party at the expense of the other, and every increase that does not accrue to one of the contracting parties but is in exchange for loan services and was an actual cost that does not reflect the benefit that leads to usury.