format_quote Originally Posted by
Hamza81
Asalaamu Alaikum, sister let us not sugar coat the fact that the mortgage you have is still interest based and is therefore still haraam. Whether you gain a little or most of what you pay in interest the fact remains that you are still paying interest and those who pay interest are at war with Allah and this is a war one will certainly lose.
Asalaamu Alaikum,
Allah says: "the God desires for you ease; He desires not hardship for you".
Muslims are not supposed to be homeless, hostage for land owners by being permanent tenants, narrow minded, and living under critical conditions of worry and weary. They should not remain in dilemma, perplex, trauma, financial restrictions, school drop-out kids, and so on and so forth.
Muslims are not supposed to be the lowest class of nations. God says: "You are the best Community that has been raised up for people4". Thus, Muslims are required to be financially, intellectually and technically strong as they are required to be fit in every situation with the best manner. They are not expected to lead any kind of problem, malicious or disastrous activities neither against themselves nor against others. The Prophet Peace Be Upon Him said: "the Islam-Muslims increase and never decrease". He also said "Islam should be above and none to be above it".
Purchasing a house in a Mortgage system has been a circle of dilemma and dispute among Muslims, in the Western world, since their settlement and establishment in the West. Some Muslim Scholars are obsessive to its prohibition while others insist its permissibility. In fact, none of the two should be condemned for being wrong, due to the complexity of the discipline. Both sides base their judgements on knowledge meaning of understanding the general concept of the Islamic teachings. The contentious point is whether mortgage system comes under the category of Usury–
riba norms or not, and if it comes under, is it necessity or not?
Linguistic meaning of Riba- Usury is the process of lending money or other property and charging interest the borrower over any late payment, especially at an exorbitant or illogically high rate. In other words, demanding for the use of money as a loan, a rate of interest beyond what is allowed by law.
Technical meaning (
istilahan); it can be summarised as an interest charged on loan that is given to a person for purchasing basic necessities.
No doubt, Usury is one of the most serious offensive sins forbidden in the Qura’n, Gospel and Torah-Islam, Christianity and Judaism respectively. It is not only a Sin but to opt and prepare for waging war against the God. God, the Almighty says: "O, you who believe! Fear God, and give up what remains from usury, if you are believers. And if you do not, then be warned of war (against you) from God and His Messenger
Before down tracking to the theme, let’s highlight why Usury is prohibited in Islam? In short, Usury is the main source of capitalism and eco-slavery system. It creates economical categories among the society by giving an opportunity of economic booming and grafting money to those who are already in prosperity, while it forces disastrous
poverty and inflation to those who are already under poverty. Given to economical wise, it leads to slavery based on economical differences. Despite its prohibition, one must deeply understand the meaning of Usury, before making final decision and religious judgement on it.
Coming to the point, Mortgage seems to be permissible to Muslims as its current manner relying on the meaning of Usury itself. According to the definition given by Imam Hanafi (the First Islamic Scholar who was born in the year of 80 AH) one part of the business transaction that may take place under critical circumstance of needs, where Muslims are minority (probably as today’s Mortgage) is permissible due to its necessity. Modern Islamic Scholars analyzed the Hanafi’s point of view alongside with the meaning of usury and the main concept of the Islamic jurisdiction. On the base of such analyzes, they justified that Muslims could buy mortgage houses for living purpose
Islam is usually based on mercy and promotion of the society’s good intentional interest. The God wants Muslims to dwell in the best manner and tranquility as easiest as possible and permissible. Allah says: "the God desires for you ease; He desires not hardship for you.
Muslims are not supposed to be homeless, hostage for land owners by being permanent tenants, narrow minded, and living under critical conditions of worry and weary. They should not remain in dilemma, perplex, trauma, financial restrictions, school drop-out kids, and so on and so forth.
The acceptable general concept is that Muslims should not be allowed to live in a low class among their contemporary nations. Instead, they are inquired to lead others both economically and in dignitary wise so that others might join them and follow their footsteps. This means Muslims are always expected to be the best role models in terms of economy, education and civilization, and not to be backward society.
It is true that most of the mortgage systems come under the category of Usury in one-way or another. However, there are certain formulas and principles that provide acceptance in the Islamic jurisprudence.
At its current situation, both student loans and mortgage housing would be permissible in Islamic jurisprudence for the following evidences:
In Islamic Jurisprudence, there is unanimously agreed principle known as: "necessity makes the prohibition permissible" (
adaruratu tubihu al-mahthurat). Considering the ghettoes situation around those neighbourhoods live in subsidized houses, it is important to seek an alternative lifestyle. If we compare between the teenagers live in subsidized houses and those live in private residential areas, we can find out the difference. Then, if we search and analayse the integral part of the problem, we can identify the role of the subsidized housings. Therefore, there is no harm upon a Muslim person for purchasing living house through a mortgage system in one of the Western countries. Nevertheless, shedding a light to the determination of the formula, it is required one to sign such a contract with certain conditions.
Majlis al-Ifta wa –Al—buhuth suggested certain conditions for the permissibility of the mortgage such as that the purchaser have no other shelter, and have no sufficient financial capacity to buy a house without mortgage.
They should also have the intention that the mortgage house will be their residential house, and not for business purpose. It must be also free from any other kind of corruption. These conditions are understood directly from the abovementioned jurisprudential formula. Thus, it applies to another Jurisprudential principle, which states: "what is permitted due to its necessity must be restricted to the level of necessity".
According to Imam Abu Hanifah and his followers, it is permissible to minority Muslims living with majority of non Muslim States to involve into business affairs with Usury, due to the following reasons: A. They are not sole decision makers, B. They are in immediate need of the business for earning life, especially when such Muslim person is to pay the Usury and not to receive it.
Muslims are not supposed to be the lowest class of nations. God says: "You are the best Community that has been raised up for people4". Thus, Muslims are required to be financially, intellectually and technically strong as they are required to be fit in every situation with the best manner. They are not
expected to lead any kind of problem, malicious or disastrous activities neither against themselves nor against others. The Prophet Peace Be Upon Him said: "the Islam-Muslims increase and never decrease". He also said "Islam should be above and none to be above it".
In fact, the idea of Mortgage prohibition in the Western countries serves against Muslims and Islam as a reflection. It prohibits Muslims to survive in the Western countries, while no body forced them to be so. Instead, it makes them burden upon respective Western Governments by letting them remain under the application of Social Assistances and making them left behind. This wrong idea attracts homelessness, joblessness, lack of education, and lack of socio-political awareness as well as any kind of backwardness, which leads being burden upon others and slavery situation at the end of the day.
Nevertheless, in order to avoid any kind of dilemma, it is highly encouraged Muslims themselves to associate certain enterprises and companies that may deal with low income housing instead of mortgage. There are also some loopholes to avoid interest payment within the same system of mortgage.
Similar situation serves to a student loan taken for study purpose only. It seems unfortunate that, in this day’s civilization, some Islamic spiritual leaders prohibit young Muslims to enrol Western universities where loan taking seems inevitable. They inspire them that it is absolutely forbidden in Islamic Law without making comprehensive study on the matter and the circumstance. This lures the few non-drop-out Muslim students to devote themselves into labour jobs, in order to collect sufficient amount of money and go back to study. Again, a righteous student may never be successful to collect the required amount of money, due to their family’s financial restriction.
In fact, there are some strategies that Muslim students could manage their debt situation, when it comes to student loan. For example, should they restrict their needs in the educational budget only, it may go as partial loan, which they could afford to pay back before interest is charged.
In conclusion, usury is prohibited in Islam as well as in other divine religions including Judaism and Christianity, yet religious people should clearly comprehend the meaning of their religion’s aim and target in the first place. For instance, a Muslim person that is repugnant of taking loan with interest should first learn the ultimate target of Islam and Islamic Law (
maqasid al-Shari’ah). They should evaluate their personal role in the usury: are they receiving or paying unwillingly? Do they have any other source? Can they survive without it? Do they have a choice? Is there a way that they can take the loan, but avoid interest? Etc. It is important to analyze the meaning of verse 275 in AL-Baqarah in order to demarcate between Riba and trade. In short, a Muslim person can take one of the literal meanings of "interest", which is "profit". If you have that meaning in your mind, you will consider that you are sharing business with the lender and you have to pay a fixed share out of your monthly profit.
Simple :)
Asalaamu Alaikum