Salam,
So I can't believe we are even arguing about this issue right now since it seems so clear, to me atleast, that riba based loans are haram.
Their is no argument here, lots of references in the Quran to back this up [al-Baqarah 2:278-279].
I had an argument with a family member over riba based loans being okay for someone living in the West if its out of necessity
My family member's view I will brake it down in the following points and put my view
1) Necessity: in reference to [al-An’aam 6:119] and [al-An‘aam 6:145]
- My family member claims that because someone is paying rent, then it is considered necessity if their is no other means.
- My view: Their view of necessity is wrong and that necessity means life or death or risk going homeless, for example someone who is about to die unless they do a specific surgery this is necessity, or someone who is about to get kicked out from the apartment with all his children and everything and become homeless then this is necessity, not someone who is paying rent thats not necessity even if that means in 20 years they would have paid more rent compared to someone who took a interest based loan what do you think?
- My family member didn't agree here, he wants a clear example about how necessity applies to real estate he said my surgery example doesn't apply here and my homless example they can just go rent another apartment.
2) Logic
- My family member used logic to see why riba was prohibited in our religion and used the idea that back in those times if someone could not pay off their payments they literally become a slave and that now in modern times in the West this is not evident. People file for bankruptcy left and right.
- My view: don't use logic with halal and haram, whether riba back in those times meant you became a slave if you didn't pay on time or not this still doesn't justify a riba based loan in the US because at the end of the day its still a riba based loan, yes logic wise people would turn into slaves if they couldn't pay up and now its different, but that doesn't mean we are allowed to take riba now just cos we have bankruptcy as a resort.
3) Qaradawi supporting their view
- My family provided me with Yusuf al-Qaradawi to back them up in particular here and here:
https://youtu.be/jSnxQtSGho8
https://youtu.be/s68yE5ykj-g
- My view is that I probably messed up but I pointed to my dad that al-Qaradawi is a modernist he had many "controversial" fatwas that went against the "norm" and that we shouldn't use him as primary source to support us in making decisions but first it should be quran and sunnah and then we can look at the 4 schools and the great scholars after. What are your thoughts on Qaradawi and his fatwa in this case in regards to this?
4) Islamic bank
- My family member view: He said that islamic bank are literally buying a house and marking it up and saying "interest free" while they are overcharging you on a house and I agree with them, but still this is not riba so isn't a lesser of two evils to go for the islamic bank eventhough they buy the house and sell to you for insane prices just so that we can avoid riba?
Jazakallahkhair