Fatwa ID: 06945
Answered by: Maulana Ousman Haye
Question:
I am 33 years old and live overcrowded with 6 adult siblings and my parents.
I’m looking to get married and will need to move out.
I don’t have enough savings, (even though I’ve been working Permanent for over 2 years) for a halal purchase plan from Gatehouse (I would have to save at least for a year and half) or Al-Rayan Bank and do not meet the minimum £24000 (my salary being £23500)earning threshold to obtain the mortgage free ,part own part rent scheme, offered by Wayhome (though this may change if I get a pay increase next year).
My obtaining a home through council or housing association will be a wait of at least 3 to 4 years and then there is no real choice of an area that is safe and close to masjid school etc.
Private renting will be very expensive, £500 to £600 being my affordability and this will get me a 1 or maybe 2-bedroom flat/apartment. To top this there will be bills and other costs. So my ability to save will be very little and will have just enough to get by with bills.
If I get married, given my age and overcrowding, would it be considered a Haaja (need) If not Dharua (necessity) for me to get a mortgage.
An example would be a £100000 2 bed flat with a £530 aprox monthly mortgage repayment over 25 years.
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
Taking conventional mortgage is one of the grave major sins that is confirmed to be forbidden by the Quran, the Sunnah of the Prophet and the consensus of the scholars. This is because of the involvement of interest.
Jabir (RA) reports that the Prophet (May peace and blessings be upon him) cursed the person who consumes Riba, the one who gives it to others to consume, the one who witnesses it, and the writer of the usurious contract. (Muslim:1598)
Allah (SWT) states in the Quran:
“O you who believe, fear Allah and give up what remains [due to you] of interest, if you should be believers. And if you do not, then be informed of a war [against you] from Allah and His Messenger. (2:278-279)
Another Ayat, Allah (SWT) says:
Allah destroys interest and gives increase for charities. (Quran 2:276)
Some other reasons why Riba is prohibited is because Riba causes trauma and depression due to mounting debts and the Riba contract is deemed to be unjust to the borrower. We see not only will Riba hurt someone in the hereafter but as well as in this life.
Based on your query, the necessity (dharura) you have referred to is when one is in a situation of dire need and is exposed to perishing or sleeping on the streets. Only then will it be permissible to resort to an interest bearing loan. However, you are not in the situation where you will be in the streets if you don’t take the loan.
Therefore, it will not be permissible for you to take out an interest bearing loan because your situation does not fit the criteria of dire need.
One should actively look towards other means of obtaining some help. If it is impossible to obtain an interest-free loan from family and friends, then one should reside in a rented house.
1 (وَشَرْطُ افْتِرَاضِهَا عَقْلٌ وَبُلُوغٌ وَإِسْلَامٌ وَحُرِّيَّةٌ)
ص259 – كتاب حاشية ابن عابدين رد المحتار ط الحلبي – كتاب الزكاة – المكتبة الشاملة
2 (قَوْلُهُ عَقْلٌ وَبُلُوغٌ) فَلَا تَجِبُ عَلَى مَجْنُونٍ وَصَبِيٍّ لِأَنَّهَا عِبَادَةٌ مَحْضَةٌ وَلَيْسَا مُخَاطَبَيْنِ بِهَا، وَإِيجَابُ النَّفَقَاتِ وَالْغَرَامَاتِ لِكَوْنِهَا مِنْ حُقُوقِ الْعِبَادِ وَالْعُشْرِ، وَصَدَقَةِ الْفِطْرِ لِأَنَّ فِيهِمَا مَعْنَى الْمُؤْنَةِ.
ص258 – كتاب حاشية ابن عابدين رد المحتار ط الحلبي – كتاب الزكاة – المكتبة الشاملة
Only Allah (عز و جل) knows best.
Written by Maulana Ousman Haye
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
