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Mortgage out of necessity

Published: 24/08/2011 10:41:00 AM GMT
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Some people here in the UK purchase their homes on a bank bond and they refer to the fatâwâ of a number of prominent sheikhs who suggest that in cases of necessity, it is permissible to purchase homes in this way, especially in countries like America and the UK. What is the truth on this matter?

Answered by

the Fatwa Department Research Committee - chaired by Sheikh `Abd al-Wahhâb al-Turayrî

The ruling on interest is that it is unlawful. Dealing in interest is one of the most grievous of sins.

Allah says: “Those who devour interest will not stand except as stands one whom Satan has driven mad by his touch.” [Sûrah al-Baqarah: 275]

Allah says about one who engages in interest that he should: “take notice of war from Allah and His Messenger.” [Sûrah al-Baqarah: 279]

Paying interest is sinful, just like receiving interest is sinful. The Prophet (peace be upon him) said: “Allah curses the one who consumes interest, the one who pays it, the one who draws up the contract, and the witnesses to the contract, then he said they are same (in sinfulness) ” [Sahîh Muslim]

Some scholars allow the purchase of a single residence for personal use with an interest loan in cases of necessity. A claim of necessity is a very serious claim and is not to be made lightly. It should ideally be taken on a case by case basis rather than be given as a general fatwa.

It is conceivable that a person could take out an interest loan out of necessity. For example, if a person will die if he does not receive a needed medical operation and the only way for that person to pay for the operation is with an interest based loan, then this would easily be construed a matter of necessity, just like eating pork is allowed for a starving person.

However, we cannot give you such a ruling from afar. For something like the purchase of a home, the question of necessity should be considered by scholars locally, either on a case by case basis looking at personal circumstances, or at least by taking into account the general economic and social conditions that are prevalent in the region.

If you believe that your case is one of necessity, you must take your claim to the reputable and trusted scholars of Islamic Law in your country who understand your society and circumstances firsthand and who can give you an appropriate ruling.

And Allah knows best.

Source: Islam Today

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