Fatwa ID: 07735

 

 

Answered by Alimah Saleha Bukhari Islam

 

 

Question:

 

 

Assalamu Alaikum, I am currently living in a very small house in the UK situated on a busy, noisy road. The constant noise and lack of space contribute significantly to my frequent headaches, making it difficult to focus on my office work. Additionally, the low ceiling height makes the space feel very confined. I suffer from chronic health issues, including depression, anxiety, severe headaches, diabetes, and hepatitis B, for which I am under medical treatment. The stress from my living conditions has also negatively impacted my mental health and has, at times, put a strain on my marital life.

 

 

I believe that moving to a more suitable home could greatly improve my overall well-being and family life. However, I have found that Islamic mortgage options are either unavailable or too expensive for me to afford.

 

 

In this situation, would it be permissible in Islam for me to take a conventional mortgage with interest in order to secure a more suitable home that could improve my health and family life?

 

 

JazakAllahu Khair for your guidance.

 

 

 

 

 

 

 

In the name of Allah, the Most Gracious, the Most Merciful

 

 

Answer:

 

 

Wa alaikum as salām wa rahmatullāhi wa barakātuh,

 

 

We are sorry to hear about the difficult situation that you find yourself in with regards to housing conditions affecting your physical and mental health. May Allah make it easy for you. Sadly, this is a situation faced by many Muslims in the UK and beyond, especially given the current crisis of living costs.

 

 

We understand that you are facing difficulties in the choice of housing, however remember there are options to seek rental properties if you find Islamic financing is not suited to your needs. Opting for a conventional usury (ribā) based mortgage is not a solution to the problem, rather it adds to the problem with the blatant engagement in usury which is evidently haram and is considered a major sin in Islam. 

 

 

Trade and usury have been distinguished in the Quran and as Muslims, we are therefore required to keep our trade free from usury. The paying of usury is in principle exchanging money for money with a rate of gain to the party lending the money which is forbidden in Islam.

 

 

Allah says in the Quran [surah Baqarah: 275]:

 

“But those who take usury will rise on the Day of Resurrection like someone tormented by Satan’s touch. That is because they say, ‘Trade and usury are the same,’ 276but God has allowed trade and forbidden usury. Whoever, on receiving God’s warning, stops taking usury may keep his past gains– God will be his judge– but whoever goes back to usury will be an inhabitant of the Fire, there to remain.”

 

 

This is further emphasised in a sahīh hadith: (Bukhari and Muslim)

 

Jabir said that Allah’s Messenger (ﷺ) cursed the accepter of interest and its payer, and one who records it, and the two witnesses, and he said: They are all equal. [Sahīh Muslim 1598]

 

 

Based on the above evidence, a conventional usury (ribā) based mortgage would not be permissible, especially as there has been an emergence of Islamic finance options which you can explore.

 

 

We advise you to contact your local Imams, Sharia Councils and community Faith leaders who will be able to guide you towards halal Islamic Finance options and banks providing these services. Perhaps one option to consider may be the Diminishing Musharakah option, which is one of the most used methods as it aligns closely with traditional mortgage structures without involving interest. Each option has distinct features, so it’s essential to understand and compare them carefully to find the most suitable choice for your financial situation and long-term goals. As a last resort, you may also contact your local estate agents to seek alternative cost-effective rental properties.

 

 

 

Only Allah knows best.

Written by Aalimah Saleha Bukhari Islam

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

 

 

 

ٱلَّذِينَ يَأْكُلُونَ ٱلرِّبَوٰا۟ لَا يَقُومُونَ إِلَّا كَمَا يَقُومُ ٱلَّذِى يَتَخَبَّطُهُ ٱلشَّيْطَـٰنُ مِنَ ٱلْمَسِّ ۚ ذَٰلِكَ بِأَنَّهُمْ قَالُوٓا۟ إِنَّمَا ٱلْبَيْعُ مِثْلُ ٱلرِّبَوٰا۟ ۗ وَأَحَلَّ ٱللَّهُ ٱلْبَيْعَ وَحَرَّمَ ٱلرِّبَوٰا۟ ۚ فَمَن جَآءَهُۥ مَوْعِظَةٌۭ مِّن رَّبِّهِۦ فَٱنتَهَىٰ فَلَهُۥ مَا سَلَفَ وَأَمْرُهُۥٓ إِلَى ٱللَّهِ ۖ وَمَنْ عَادَ فَأُو۟لَـٰٓئِكَ أَصْحَـٰبُ ٱلنَّارِ ۖ هُمْ فِيهَا خَـٰلِدُونَ ٢٧٥

 

 

 عَنْ جَابِرٍ، قَالَ لَعَنَ رَسُولُ اللَّهِ صلى الله عليه وسلم آكِلَ الرِّبَا وَمُوكِلَهُ وَكَاتِبَهُ وَشَاهِدَيْهِ وَقَالَ هُمْ سَوَاءٌ ‏.