Fatwa ID: 07371
Answered by: Maulana Burhaan Rahman
Question:
I am in a very difficult situation. I live in UK. I am a revert Alhamdulillah and my husband is a born Muslim. My husband and I are currently renting and I am very happy with this. My husband is not. He keeps having intense arguments with me about me not accepting to get conventional mortgage to buy a house and he is making me depressed. Our relationship is going from bad to worse day by day. He keeps telling me that the property market is going higher and higher in price and we will never be able to buy a house if we don’t buy now. I have tried talking to him calmly and advised to check halal options but he says the halal banks have not been very responsive to him and don’t offer appointment for him to proceed further with halal mortgage. So he has again now started having heated argument with me for accepting to take riba mortgage with him. I am totally against this and make dua every day for this to be over as I don’t know what else to do to manage this situation. He keeps saying everyone is buying conventional mortgage and its the security for our children but we don’t even have kids yet. I keep referring to the Holy Quran and multiple hadiths about the major sin of riba but he just doesn’t get it.
My problem is that I earn more than my husband and he is emotionally blackmailing me into going into the process of going to a broker with him and I feel I am at a dead-end. He keeps saying the sin will be his own only, but as I know the sin is the same for the one who pays riba, takes riba, makes contract and witnesses it. Of course I will have to give him my documents and pays lips for the process and will have to sign the contract, so I will also have the sin. On the other hand, I think if I insist on not going through with this, I will be able to save both of us from this major sin as he cannot take the mortgage on his own as he earns a lot less than me.
He is so desperate to buy house right now and cannot even wait for few more months for the Islamic bank to get back to us with appointment. He keeps saying “there will be no house left for us in this world….” i keep reminding him the blessings of Allah SWT so far in our life and how these blessings will be gone if we do this, I am really scared of this riba and I am crying every day because of this situation and his emotional blackmail. If I don’t listen to him, I am scared that our relationship will be ended. Which is very disappointing, but I know I should not listen to him if this is going to be against Islam and Allah SWT.
I keep urging him to go with me to an imam, he is refusing. Also I want to Hajj Insha’Allah next year but if he pushes us into this riba, this won’t be possible until this mortgage is paid off.
He also says that he will ask tawba from Allah SWT and Allah SWT will forgive him, which I think it is so arrogant to knowingly commit a major sin and expect that whenever he feels he will be ready and done with the mortgage, a simple tawba will be sufficient.
I love him and thanks to him I got to know Islam and find the truth, but I just cannot believe that he is so close minded when it comes to this issue.
I feel depressed and tired of this and I don’t know what else to do?
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
Maashaa Allaah sister on your conversion to Islam. We are all happy for you and pray sincerely that Allah blesses you with so much goodness and barakah (blessings) in your life for giving up a life of unlawfulness (Haram) and changing it around to a life of Islam and striving for Halal. We ask Allah to bless you and your family and all the ventures you have ahead.
Anything mentioned in this answer can be related to your husband or anyone else. This is also advice and a general reminder for all of us Muslims as well.
We must all remember the houses in this world are absolutely NOTHING compared to the unimaginable land and palaces Allah SWT has in store for us in Jannah (paradise).
Our beloved prophet (SAW) has said:
ما الدنيا في الآخرةِ إلا مثلَ ما يجعلُ أحدُكم إصبعَه في اليمِّ ، فلينظر بم يرجعُ
This world (i.e., its pleasures and duration) in comparison with the Hereafter is similar to the amount of water one gets when he puts his finger into the ocean. Take the finger out and admire how much water gathers on the fingertip. [Muslim Hadeeth no: 2858]
One drop, two drops? Compared to the entire ocean. We shouldn’t start chasing the Dunyaa or those things that are Haram/or even those things that fall into a grey area for a couple of drops instead of the hereafter.
Through Allah’s mercy he shall enter us there (Jannah). We shouldn’t live our life on earth or do things on earth that compromises our hereafter. We shouldn’t place ourselves in haram situations at the expense of our aakhirah (hereafter).
You said you have mentioned the verses in the Qur’aan and the Hadeeth(s) to your husband in regards to ribaa, Maashaa Allaah that is important and brilliant. The one who gets into ribaa will be punished in a certain way and it is emphasized in the Hadeeth. This is not to scare anyone only, rather to magnify the importance of staying away from it.
Our beloved prophet (SAW) says:
حَتَّى أَتَيْنَا عَلَى نَهَرٍ مِنْ دَمٍ، فِيهِ رَجُلٌ قَائِمٌ عَلَى وَسَطِ النَّهَرِ رَجُلٌ بَيْنَ يَدَيْهِ حِجَارَةٌ، فَأَقْبَلَ الرَّجُلُ الَّذِي فِي النَّهَرِ، فَإِذَا أَرَادَ أَنْ يَخْرُجَ رَمَى الرَّجُلُ بِحَجَرٍ فِي فِيهِ، فَرَدَّهُ حَيْثُ كَانَ، فَجَعَلَ كُلَّمَا جَاءَ لِيَخْرُجَ رَمَى فِي فِيهِ بِحَجَرٍ، فَيَرْجِعُ كَمَا كَانَ… وَالَّذِي رَأَيْتَهُ فِي النَّهَرِ آكِلُو الرِّبَا
So we proceeded on till we reached a river of blood and a man was in it, and another man was standing at its bank with stones in front of him, facing the man standing in the river. Whenever the man in the river wanted to come out, the other one threw a stone in his mouth and caused him to retreat to his original position; and so whenever he wanted to come out the other would throw a stone in his mouth, and he would retreat to his original position…And those you saw in the river of blood were those dealing in ribaa. [Bukhari Hadeeth no: 1386]
The verse in the Qur’aan when Allah SWT speaks about the individual who is waging war against himself and his messenger by not staying away from ribaa:
فَإِن لَّمْ تَفْعَلُوا۟ فَأْذَنُوا۟ بِحَرْبٍۢ مِّنَ ٱللَّهِ وَرَسُولِهِۦ
And if you do not, then be informed of a war [against you] from Allah and His Messenger. [Surah Baqarah verse 279]
We ask Allah SWT to protect us all.
Another thing that is worth mentioning, there are thousands and thousands of cases where Muslims are getting a mortgage. And so many of these cases have nothing to do with them needing to do so whatsoever except for the fact that they want a bigger house, a more classy house etc. This is completely forbidden in Islam.
The basic principle of Islam regarding interest is that it is Haram and one is to avoid it as it is impermissible.
However in the case of genuine necessity and compulsion for you to pay something off and there is no other option available or other options are such that they will cause you genuine harm and detrimental loss, then taking out a mortgage can be permissible. Nowadays, some individuals in the UK can’t meet the monthly rent requirements and it may be unfortunate that they are living in an area which has high rates and to move out it’ll be extremely difficult. In such cases it can be permissible.
The legal maxim of Islamic law mentions:
الضرورات تبيح المحظورات
Necessity renders prohibited things permissible.
But what I have read from the question and Allah knows best, is that this isn’t the case in your situation as there is no dire need as you mentioned he said, “There will be no house in this world”. Which seems to me it’s more of a fear factor than genuine need.
Always make Du’aa Inshaa Allaah and stay upon what you know and keep speaking to him regarding staying away from ribaa etc. Ensure to have hope in Allah and don’t think Allah doesn’t understand the believer’s intentions and actions and the patience they adhere to. Allah is completely aware of the deeds and sincere actions you do and overcome situations with patience:
وَٱصْبِرْ فَإِنَّ ٱللَّهَ لَا يُضِيعُ أَجْرَ ٱلْمُحْسِنِينَ
And be patient! Certainly Allah does not discount the reward of the good-doers. [Surah Hud verse 115]
We ask Allah to bless everyone!
Only Allah knows best.
Written by Maulana Burhaan Rahman
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
