Buying a house on mortgage

Fatwa ID: 02441

Answered by: Mufti Muhammad Adnan

Question:

The question I wanted to ask you  is regarding my housing situation as below. (Very sorry it is a little long but I wanted to explain in detail in order for you to understand)

I currently live in a 2 bedroom council house with my spouse and 3 children ( 2 girls and 1 boy). My eldest daughter 11 and son 8 share the same bedroom. Due to our overcrowding we are eligible for a 3 bedroom house from the council, for the last 5 years we have been bidding and trying for a house but with no response. We have also looked at other options to move into private rented accommodation but the areas, rent and houses viewed are not suitable.

The problems we are facing currently are that next door to us a cash and carry opened up going on nearly 4 years now, this has caused and is causing us a lot of distress and discomfort daily. There is a parda issue for us, customers cars and delivery trucks are constantly parked outside our door as there is no other parking for them, wretched smell and rats because of food and unhygienic conditions. We have exhausted our efforts with the local council to resolve this but to no avail and are extremely desperate to move away from here.

I do not have enough to purchase a house outright or to borrow from family members. I have tried for an Islamic mortgage but unsuccessful due to income requirements. I have looked at the help to buy scheme which is affordable for me but this does involve taking out an equity loan/ conventional mortgage from the bank. I have avoided for many years going down this route but due to the situation and issues we are facing in this house and the area as explained I would like your opinion and reply if I can go ahead with the conventional mortgage / help to buy.

Answer

بسم الله الرحمن الرحيم

Even though you are experiencing difficulty and hardship, we must understand the fact that Allah Ta’ala has not put success outside of the deen. Even though something may seem beneficial to us, it is in actual fact harmful for us if it does not conform to the standards the deen stipulates. Allah, the Almighty says,which means, “And it may be that you dislike a thing which is good for you and that you like a thing which is bad for you. Allah knows but you do not know.” (AI-Baqarah, 2:216)

It is a deception of shaytaan to think that there is benefit in Haraam like interest. When a person uses haram means the help of Allah Ta’ala is uplifted and without divine help a person can never succeed. Consider the following Ahadeeth in regards to interest.

Jaabir said: The Messenger of Allah (blessings and peace of Allah be upon him) cursed the one who consumes riba and the one who pays it, the one who writes it down and the two who witness it, and he said: they are all the same. (Muslim)

From 'Abdallah ibn Hanzalah : The Prophet, , said: "A dirham of riba which a man receives knowingly is worse than committing adultery thirty-six times" (Mishkat al-Masabih, Kitab al-Buyu', Bab al-riba, on the authority of Ahmad and Daraqutni). Bayhaqi has also reported the above hadith in Shu'ab al-iman with the addition that "Hell befits him whose flesh has been nourished by the unlawful."

From Abu Hurayrah : The Prophet, , said: "On the night of Ascension I came upon people whose stomachs were like houses with snakes visible from the outside. I asked Gabriel who they were. He replied that they were people who had received interest." (Ibn Majah, Kitab al-Tijarat, Bab al-taghlizi fi al-riba; also in Musnad Ahmad)

From Abu Hurayrah : The Prophet, , said: "Riba has seventy segments, the least serious being equivalent to a man committing adultery with his own mother." (Ibn Majah)

We advise that you remain patient as Allah Ta’ala says “verily, after every hardship there is ease” and you carry on supplicating. The supplication at tahajjud is 1 of the best times to ask Allah Ta’ala. We strongly advise you to seek other alternatives and consult other people who have experience of a similar situation to you so you can find a proper halaal way to resolve your matter.

May the help of the Greatest of Helpers be with

Only Allah Knows Best

Written by Mufti Muhammad Adnan

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

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