Fatwa ID: 07542
Answered by: Maulana Sibghat Ullah
Question:
I am currently in a serious financial emergency. My wife and our three children are in Turkey while I live in Germany, and we are waiting for family reunification.
As a result, I have to pay the rent for both my apartment in Germany and my family’s accommodation in Turkey. In addition, I bear the full cost of living, medical care and all other necessary expenses.
My financial resources are no longer sufficient to sustain these burdens in the long term. In particular, my family’s medical care in Turkey, which I pay for privately, significantly exceeds my financial means and the tenant also wants to move into his apartment, and we do not know how long we will continue to be tolerated in the apartment in Turkey.
Despite my efforts, I have already asked my trusted circle for financial support, but no one has been able to help me.
Since I am already faced with upcoming unpaid bills, I would like to know whether it is permissible in my case to take out an emergency loan from the perspective of Sunni Islamic jurisprudence. This would help me to bridge my situation and would be an exception.
In this exceptional situation, where a loan is in principle clearly haram, in my situation, would I be allowed to have a darura where I can get a rukhsa to bridge the time until I can close the loan again as quickly as possible?
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
Taking a loan is not haram in Islam, but taking a loan with interest (riba) is considered haram, as riba is explicitly prohibited in the Qur’an.
Allah says in the Holy Quran: –
Those who consume interest will stand ˹on Judgment Day˺ like those driven to madness by Satan’s touch. That is because they say, “Trade is no different than interest.” But Allah has permitted trading and forbidden interest.
In extreme necessity (darura) prohibitions may be relaxed to preserve life or essential well-being in Islamic shariya (jurisprudence).
When it comes to taking a loan with riba in cases of extreme emergency, you should keep in mind that the situation is causing severe hardship to you and your family’s health and essential shelter, and no other halal alternatives are available.
If you exhausted all the options, then according to the principle of Islamic shariah
“Necessity makes the prohibited permissible applies.
According to this principle, you will be allowed to take out such a loan to avoid harm to your family.
Also, it will only be permitted to the extent of the need and no more. In other words, when you take an interest on your loan which is prohibited but due to a dire necessity it is allowed then you should keep in mind that you should not exceed those limits and only use it to remove the danger or harm to you and your family.
Lastly, It is best to consult your local mufti, especially to determine if your situation truly meets the criteria for necessity, as this is a serious matter in Islamic law.
To conclude, interest is forbidden and a grave sin in Islam, it may be allowed in cases of dire need where life or essential well-being is at risk, and no alternatives are available, but this should be kept as a last resort.
Only Allah knows best.
Written by Maulana Sibghat Ullah
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
Sura Baqarah, ayat 275:
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
Qawaid ul Fiqhiyah, Page 43, (Necessities are measured according to their extent)
” (الضرورات تبيح المحظورات)
Qawaid ul Fiqhiyah, Page 44
الضرورات تقدر بقدرها”
