Question
In international trade, it is required to open a credit with a reliable bank to guarantee payment for the goods when imported. What is the ruling on this?
Answer
I say, and with God's success: It is necessary for state trade in the exchange of goods and prices to have a banking guarantee for each of the contracting parties that ensures the delivery of the price or the goods. This commitment from the bank to pay the price is called a "letter of guarantee". If the bank receives the shipping documents, it examines them to see if they comply with the terms and specifications. If it finds them compliant, it pays the amount of the credit, and the buyer is called the "applicant for opening the credit".
This banking credit can be fully covered by the buyer, which is called "fully covered", or the buyer can place part of the price in it, which is called "partially covered", or the buyer may not place any amount of the price in it, which is called "uncovered".
The bank does not provide such credit for free; rather, it does so for a certain fee. In the first case, there is no lending from the bank to the buyer, and what it receives is a fee for this service, and there is no harm in that; because it is estimated at the market rate for those who perform this service. Our Sheikh Al-Othmani said in the jurisprudence of sales (2: 1082-1089): "There is a real need for contemporary trade that cannot be met by free guarantees, so the matter requires careful consideration and attention to both sides... What appears is that opening the credit is not limited to being a guarantee contract, but is accompanied by other services provided by the bank, and it is permissible for it to charge a fee for them."
In the second case: the bank can enter as a partner with the buyer, providing the remaining price to the seller, and then selling its share to the buyer at an agreed price, thus achieving its desired profit from the money it participated with and opened the credit.
In the third case: the bank can buy the goods and then sell them to the buyer at an agreed price based on the validity of the binding promise, or it can be a partnership contract between the bank and the buyer, where the bank is the capital provider and the buyer is the one who manages the trade, thus achieving the bank's intended profit from the trade with its money and the opened credit.
Our Sheikh Al-Othmani said in the jurisprudence of sales (2: 1090): "As for charging interest on the uncovered letter of credit, it is prohibited because it is outright usury, and its best legal alternative is for the bank to enter into a partnership or a profit-sharing contract with the client for importing goods. Importers usually import goods when they have orders from buyers for those goods. If the intention is to open the credit with partial coverage, the bank can enter into a partnership with the client, where the partial coverage is the client's share in the capital, and the rest is the bank's share. They must agree on the percentage of profit-sharing after the goods arrive and are sold in the market, and in this case, the commission for opening the credit is included in the total cost of the partnership.
As for opening the credit without any coverage at all, they can enter into a profit-sharing arrangement, where the bank is the capital provider based on the money it pays upon receiving the documents, and the client is the one who manages the trade, as he concludes the agreement with the exporting seller, receives the goods from the port, and sells them in the market. The profit he obtains is divided between him and the bank according to the agreed percentage in the profit-sharing arrangement.
As for Islamic banks today, they open credits without coverage based on Murabaha. Their method is that the client "the buyer applicant" when he approaches them to open the credit, the bank wants to buy the goods from the seller itself, and then sell them to the buyer applicant with deferred Murabaha. For this purpose, the bank appoints the buyer applicant as its agent to import the goods, and when the shipping documents reach him, he sells those goods to the buyer applicant with deferred Murabaha, and the ruling of Murabaha for the buyer applicant applies to him..." And God knows best.